Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698930173408.pdf (Sierra Leone)
BILL Supplement to the Sierra Leone Gazette Yol.

CXLXIII No- 71 doted l3th Octobez 2O22 t THE EMPLOYMENT ACf, zTD.

ARRANGEMENT OF SECTIONS PARI I.

PRELIMINARY l. Interpr€tation.

Z Application.

3.

Non apptication.

PARI II.ADMIMSTRANON AND JURISDICTION 4.

Comissioner of L:bour- 5.

6 7.

& 9.

10. ll.

l2 13.

14.

15.

16.

Powers of Commissioner.

Obligatiom of Commissioner.

Obstruction of Commissioner, Annual rcport.

Directorates, departneoB, €tc.

Labour officers.


orher stafE PART III - FREEDOMOFASSOCI,ATION Right to form orjoin trade union.

Right to form orjoin employers' organisation.

Remedies for infringement of freedom of association.

Viotence and harassment at work prohibited Forced labow prohibitcd" 17.

Non- discrimination in emplolment or occupation- 18.

19.

Equal remuneratiol.

Fair terBs atrd conditiom ofemploymed clause in conEacts I n. 2t.
2.. PARI IV -BASIC EMPT.OYMENTOBLIGATIONS Notification of business activities.

Registration of workplace.

Notifi cation ofjob vacancies- 23.

Employment and t'aining.

24.

Employment retums and statislics 25. x. n. 8.

D. Employer to establish separate terminal benefits accounl Labour favelling clearance.

Registration rvith professional body or institution.

Professional approval for labour r€lated research.

Publicarion of annual report.

PAKT V. EMPI'YMENTCENTRESAND BASIC RECRUITMENTPROCESSES 30.
Employment cenEes.

31.

Recruitnent by ernployer.

32' Reward not to be demanded or accepted PARTVI.CONTRACTOFEMPLOYMENTANDOTHERTERMSAND @NDITIONS 33.

V€tiog and attestation ofcontract ofemplo)ment.

34.

Cancellation ofcontract ofemployment or service.

35- Fixed term conrracl ofemployment or service.

36- Continuingconrracl 37- Oral and written contract ofemployment 3& Agr€ement 39.

Agreement to exclude op€ration ofAct void" t().

Agreement for payment ofwages in contravention ofAct void.
for less than national minimum wage void.

r t No.

The Enployment Act, 2022. tU 41.

Variation ofterms.

42.

Transfer ofcontract 43.

Casual or ternporary work.

44.

Remuneration ofcasual and rmlnra4r rvorter.

45.

Employer to keep record ofuages.

46. lrBolvencyofemployer 47- Employer to pmvide work 4& Entitlement to wages 49.

Deatiofworker.

50.

Workers to be paid minimum wage.

51.

Fayment ofwages to anoth€r.

52 Prohibitionofdeductions.

53.

Permitteddeductions.

54.


Employer to repay wages wrongfully deduct€d.

55.

Deduction from wages for paying dues to trad€ union- 56.

Employer to provide itemised pay statemenl 57.

Loan by employer to worker.

58.

Work stores.

59.

Wriuea particulars of employment 60.

Weckly rest 61.

Length ofworking day.

62.

Length ofworking week 63.

Shifts.

64.

Rest breaks- 65.

Overtime work i" The Employment Act, 2022 No.

66.

Fa)mentforwodc 6?.

Certificat€ofservica- 68.


Common employment not a defence.

69.

Probationary contract not a deftnca rc.

Continuous service- I PAKTVII.

LEAVEENTITLEMENTSANDMATEF.MTYPROTECTION 71.

Atrnual lcave.

72 Matcmity leave.

73.

Request for pregnancy test prohibited.

74.

Nightwork 75.

Protectftm ofassignnrent ofpregnant worker.

76 Un&rground work 7. hcrnity leave 7& Sickleavc- PARTVItr.RISKAII'WAI.ICESAND ENDOTSERVICEENTITLEMENTS ?9.

Riskallo*ance.

80.
Riskallo*ance.

80.

Severance pay or end ofservicc benefit.

81.

Bnploycr may offer better conditions ofservice.

82 Redundancy.

A. Disciplinarypcnalties.

84.

Noticeoftermination t5.

Pd)4ncnt in lieu ofnoticc oftennination.

86 Collectiveterminatiorl NG The Employment Act, 2022.

87.

Fairtermination ofemployment.

88.

Unfair termination of emplo)ment 89.

Justificationfortermination.

S. Remedies for unhir terminaiion.

91.

Summary dismissal.

PART Ix.UNFAIR DISMISSAL 92.

Unfahdismissal.

93.


Remedies for unhir dismissal.

94.

Detennination ofclaims for unfair dismissal.

PARIX.PROTECTIONOFCHILD LABOI.JR 95.

Child labour.

96.

Minimum age for light work.

97.

R€istration ofyoung persons in industrial undenakings.

PART )C. INTERNSHIP, VOLI.

'NTEERINq bAPPRENTICESHIPbAND EMPT,OYMENT OF PERSONS WTII{ DISABILITY 98.

Working conditions for intenu.

99.

Working conditions for volunteers.

lm.

Minimum age for apprenticeship.

l0l.


Responsibilities of crafuman to apprcntice.

Itrl Appretrticeship ageement- The Enploynen AcL 2022.

^'o ,08.

Duties oft apprentice.

104.

Release of apprentice.

105.

Medical examination for fitness for work.

106. tg7.

IB Employment of psrsons rith disabil ity.

Special incentives for employment ofpersons with disability.

Persons with disability in public service.

l(B. Errploym€nt not io c€ase upon disablement.

I10.

lll.

ltL lt3.

I14.

u5.


Lrngth oftermination notic€ for persons with disability.'

Transfer of persons with disability- Training for persons wit.h disability.

PART XI _ MISCELT.ANEOUS Regulations.

Criminal liability.

Penalties- I16.

Repeals.. SCHEUJLE No.

2022 Sierra Leone A BTLL ENTITLED The Employment Act, 2022 Sho( title.
Beiog anActto comolidateatrd improve the hw relsting to to provide for the promotion ofequal labour and employm€nt, opportunity and elimilation of discrimination itr employment rnd occupation ,nd to pmvlde for other reLted matters ENecreo by the President and Meob€rs ofParliament in tliis preseot Parliament assembled.

t l D6tc of coft- mcnceltrcat.

2 No.

The Employmeru Act, 2022. lnte.preration.

l. ln this Ac!
unless the context otherwise requires- PART I_ PRELIMINARY "apprentice" means a person above th€ €e of I 4 years under training at a yorkplace with an employer or crafuman to acquirc knowledge and skill, art or trade within the period specified for the trainingi "award" means a judgnent or decision by the High Court; "business" means a aadg undenaking operation or establishment, wtether corporate, public or privatel 'casual workef' means a worker contracted to work for a timited period ofup to 6 months aod such work shall not include those normally performed by regular wod<ers in the wor*place; "Code of Practice on Discipline" means the Code of Practice on Discipline set out in the Schedule: "Commissionef means the Commissioner of Labour appointed by rhe Public Service Commission for tbe purpose of the adminisration and implementatioo of this Act; "contract ofemplo)ment or service" means a cotrtract or agreement cortaining the conditions and terms ofemployment or service, whether written or oral, whether expressed or implied, individually or collectively, for a definite or indefinite period, whereby a *,orker agrees in retum for wages or other remuneration to work for an ernployer, employing organisation, institution or business establishm€nt, inctuding a contac't ofapprenticeship, in the public or privat€ sectoq "court" meam the High Court; lit;.
The Ernployuefi .lct.

2022 J "da!

"s resf' nre3ns a period ofrest comprising at least 2{ coruecutive hours; 'disabiliq| means a physical, sensory rne al orother Lnpa iment nh ich has a subsiantial long{erm adverse efticr cn a person's abiliry to crrry our normal Ca:/- ro.4a!

activities: '-rlisclimination" includes a distinction, exclusion or preteren:e madr.'

on rhe basis of mlour.

disability, p.rlitical opinion, national extraction, marriage, prcJnnlcl and matemit)-.

race.
race.

religion or belief, se\ilr.lin.

se.r.

membership of a trade union, :rganr'sadon or sociai origin.

tbaa has the etr€ct of nulirfyine or irnpairing equaliqv of oppornrity or ;recmleut in rmplo\ment anJ occupadon: ''eJrnings" rnclude rvages and allon'ances paid to a rtarker bv an emplol,er and dre value offood, fuel, n;carnnlodadon.
ov€rtime palment or other special )'emuneration or benefit in kind: "erxplr!er" means a person or group of persom irclLrdirq a r,-rvemmenl a public or local authoriry, tirm.

iroi?oktion or company: parhership, business, or an) odler enriry u'hatsoever for rvhom one or more *orkcrs rr'ork.
have worl(ed or normally uork under a .oirtra*t of ernplolment aod includes th€ heirs, s,.lccessors and assignees of the emplo)€r; "emplovers' organi-<ation" means an organisatior of empioyers rhar has among ir principal objects the regr etion ofcollective relations between employers and rrorken; "envirLlunenr'' means a worki g environment or pr:mises in *'hich work is done by a worker; 4 No.
The Enployment Ac1 2022 "equal remuueration" means rates of remuneration established without discrimination; "federation" includes the Sierra Leone Emplolers' Federation; "forced or compulsory labout''means work or service which is performed by a penon - (a) under dre menace ofa penalty and for which the person has not offered himself voluntarily; or O) coerced to work through the use ofviolence or intimidation; or by debt bondage, retention of identity papers or threats of denunciation to immigration authorities; 'health" in relation to work means not merely the absence of disease or infirmity but it also includes the physical and mental elements afferting health which are directly relaled to safety and h)€iene at worlq "indusrial action" means a temporary shorv of dissatisfaction by employees by a concerted withdrawal of labour or restriction upon the availability or quantity of labour on the pa( of workers, strikg slowdown or wo*ing to rule in order to protest against bad working conditions or lorv pay and to increase bargaining power rvith the employer and to force the employerto Lnprove them by reducing productivity in a workplace.
usually organised by rade unions or other org,anised labour: "intern" means a student or kainee who works, sometimes without pay', in order to gain work experience or satisfr requirements for a qualificadoru Nq The Enplq'ms11 Act, 2022 5 "intemship' means a progtlnme or period of work e;.

?erience offered by a firm, corporation.
company, to help studeDts and organisation or go!€mment graduates gain relevant skitls and experience in a particular field of work or trade or to satisfy a requirement for a qualification; "Joint Consultative Committee" means an advisory committee appointed by the Minister to advise genemlly on labour matters under the law goveming regulation ofwages and industrial relations; "Joint National Negotiating Board" means rhe Joint National Negotiating Board for workers established by the law goveming regulation of rvages and industrial relations, "labour officei'means an officer appointed b-v ttre Public Service Commission in whom the Commissioner may delegate his functions and porvers generally or in part for the effective and efficient performance ofhis fr.mctions underth is Acq "Ministei' means the Minister responsible for labour and "minist"y" shall be construed accordingl)l "natioral minimrmr wage" rngans the national minimum wage establishedby the lr{inister in accordance with seetion 3 of the Minimum Wage Act, 1997; "night *orK' meam work u'hich is performed between 8;00 o'clock in the evening and 6i00 o'clock in the moming; "out$trker' means a worker to whom articlcs or materials are given out to be made upi cl€ned $ashe4 ahere4 om$rented" fufshs4 r€pairct, or adapted for sale in his home or on othcr premiseg Bot in die cantrol or msnigertreDt oftle persou lrto gaYe out the afticles or materisls; 6 No.
The Employment Ad, :t)2 2 "pay statement" means a statement issued by an emplol'er under section 56; "person" nleans a person or !.roulj of persons, conrpany, firm, corporatioo or an,!
orher kind ofbody including their agents; "probationary contract" means a contract of empioyment for not more than 6 months period; "Public Service Commission" means a body established under subsection ( 1) of section l5l of the Constitution of Siena Leone ( Act No.6 of l99l); "qualified rnedical pr.lctitiooer or persorurel" means a Covemrnent Medical Ofrcer or a medical practitioner registered in accordance rvith the !t tedical and Denal Surgeons Act, 1966 (Act No.
3 of 1966)i "redundancy" means alr invrrirrntary loss of emplolment by a xu.rker due to circumimnces lrterc an emplolel have to let go of one or more workers due to circumsances unrelared tojob perlormance or behavior.
"remuneration'' ir'cludes the ordiaarl,, basic or minimum wage or salarv and any additional emoluments rvhatsoevei payable Cirectly or indirectlv, utether in cash or in kind, by an employer to a rrorker, arising out ofthe worliei's employmenq "severance pay" means ttre benefit cr entitte ent given to a [,orker by his emplol'er at the end ofhis contract of employnent or sen'ice; "sEike" means the cessation of work or refusal to work organised by a body ofworkers as a form ofprotest, qpically in an alteropt to gain a concession or concessions from their employer: i\"o.
The Employnent Act, 2022 7 "sunrmary dismissal" rneans the discharge ofa worker from an employment due to breach of dismissible offence as prescribed in section 9l ; "supervisor" means a worker having aufiority, in a workplace, to recommend the hire, transfer.
suspension, layoff, recall, promotion, discharge, reward or discipline of other workers or to recommend such action; 'termination of employmenf' means the discharge of a rvorker fi om employment: "trade dispute" means a disagreement or difference betx'een employers and workers connected with the the terms of employment or with the emplo),in€n!
conditions of labour of workers and includes a dispute connected uith any ofthe following - (a) terms and conditions of employment including remuneration for employmenq (b) the engagement ofa workeq (c) *re times at rhich or the conditions under which work is, or is not performed; (d) the demotion.
suspension or imposition of other penalty or discipline of a worker: (e) the terminalion of an agreement by which work is to be performd (f) the grievance or complaint ofa worker in respect of his employment; (g) the machinery for negotiating the disputes or for the settlement of a work-relaled dispute; 8 No- The Enploynent ,4at.
i{,)2: 'trade union" means an organisation of *'orkers r,hat has among is principat objects the regulation of collecrive relations befw€en 1y(rrke6 and emplo,vers; "violence and harassmenl" r'ierns a range of unacceptable behaviours, practices or threats, whether a single occurrenc€ or repcated, that aim at.

result in or are likely to re:ult in physical, psychological, sexual or eccngmic harm.

and includes gender-based violence anti harassment directeC against a person in rhe r,.
'orkplace; "volunteer" includes a person of workirg age who engages in an unpaid, noncorrpulsory work 1o prcduce goods or provide sen,ice for a communlty or crganisation; '\4.age" means remuneration or eamings, however designated or calculrrted, capatrle ,"rf Serng expressed in terms ofmoney and frred by mutual agreement or by lat', rvhich is pay'able by r. ircue of a written or unwritten contract of employrnent by an employ'er to a worter for *'ork done or to be done or for services rendercd or to be rendere( "rveek" meaas a period of5 working day's; "rvorl;rlace" means a place where ruorkers nee.d to be or to go by reast.-ln oftheir work alrd r,rhich Lr unCer the direct or indirect control ofan exnploJ-er: "worlier" means a person who has entered into or works und€r a contract of emplolment or other contract with an employer, incluCing a cotrtmct of seryic€, a contract cooceming lesrnin-s or a conu"ci pencnally tG execue any work or iahour a-rd an outworlcr.
No The Employment Acr, )022 9 2.

(l) This.

{ct shall apply to all enrplolen and workers in Applic,tion Siena Leone.

excepr rvhere the contraqr is expressly stated.

(3,1 ^-ut\.r'ithsrindhg subsection ( I ), &e Minister may.

by st tutory instflrirenl !fter consultarion with tl'!e Joint Consultative Committee.
exemDt a person, class of persons, trade, indusu-l or undertaking u,h,rie tcnns a:rd conditions ofemploymem are govemed by special nnrngetrens, &om ttre operadon of atl or any of the provisions oithis Act.

(-,:) Tlie \{inister ma},, by starutor}' instrument, extend the application oiihii Act to any caaegory ofpersons excluded from the application of thls Acr turder section 3.

3.

This AeI -.,r3ll uot appl)'to the armed forces, police tbrce.

Nol fire force.
Nol fire force.

conecrir-rv,:lsen'ice olsi:rra l-eone excludingdreir civilian a'plication workers.

PAKI II -,A T)\iil\.

']STRAIION AND J LIRISDICTION 4- There shall be a Commissioneroflabour appointed by lhe commissioo.r Minister.

Public Service Commission who shall bs responsible for all mafters relating to iabour and forthe adminisnation, implemenbtion and elforceme olthis Act.

5.
5.

(li The Commissioner shalt, in the exercise of his Powers of commissioff'- functions under dils Act, have power to - (a) enter inio aworkplace tbr inspestion without previous notice: (b) carq,out examination, test or inquiry, which he considers necessary, in ord€r to ensure th3r &e rights of uorke$ under this Act have not be€n violated and in particular to - l0 No.
The Employment AcL 2022 O question, alone or in the pres€nce of witsEsses, an employer or staff on any matter under fiis Act: (ii) require the production of books, registers or other docunerB relating to conditions of work and ro copy such documents or take exracts fronr them; (iii) enforce the posting of notices Fescribed under this Act: (c) take or remove, for the purpose ofanallris, samples ofmaterials and subsurnces used or hardledl (d) issue to an employe( an improvement notice or prohibition notice, on such condilions as may be prescribe{ to remedy a detect in plant layout or rvorking methods rvhich in his opinion constitutes to be a threat to &e healdr or safety of a worker; (e) order the temporary seal ofa worlplace or the discontinuation of a work process - @ for non-compliance with relevant labour laws; or (i) on an imnrinent danger to the safety and heahh of u,orkers: (f) order the closur€ of a workplace or discontinuation of my work process rvhere an employer fails to remedy a defect under pangraph (d); and Na The Emplolnent Act, 2022. ll (g) institute civil or criminal pmcc€ding in thc High Cou$ in r€spcct ofa contavention or alleged confavention ofthis Act or 8ny oth€r law relating to labour aod employmcnl (2) The Commissioner may, for &e efrective and effrcient performance of his functions under this Act, delegate hk finctions and po'vers generaliy or in par!
to a director or labour ofticcr au&orised uoder this Act and may, at 6ny time, by notice ir writin& rcvoke such delegation.

(3) The Commisiofter or a p€rson authorkd by him slrall not b€ peBohally liable for any act or omission in the cxercise ofhis firnctions and powers under this Act.

6.

The Cornrnissioner or a pcrson authorised by him shall - Oblig.lions of cdnmissioocr.
(a) not have direct or indircct intcrest in an undertaking under his supervis ion; (b) not disclose ipfornation obtained by hirrrl except to persons acting in the cxecution of this Act, in so lar rs such information raay be necessary for the pcrformancc ofhis dutiesi (c) Eear as absolutell' conlide*ial the source of complaint made undcr this Act or a€tion aken in conscquetce ofsuch coophint Obcau.iior of cmkicr.
?, A Derson \rto - (a) wilfulty delays or obdtrucBi (b) hinders, prevents or moles6; (c) fails to comply with a direction, order, requ €ment or request for informalion or documenq demand for or inquiry; (d) fails to honour an invitatior to a oomilistioo meelinB; D No.

The Enplol'ment Aci.
20?2 (e) provides inaccurate or deficieN record or informatioq with an intention to detaud or deceive; (0 c.onceals or atternpts to conceal or othennise prevents a person &om appearing before or being exarnincd by the Commissioner or a.ry person authorised by him in the exercise of any power, duty or function under this Act commits an offence and is liable, upon conviclion, to a fine not less than 40 months national minimum wage in respect of€ach offence or to imprisonment for a term not less than 12 mr)nths or to both such fine and imprisonment.
Annual rcPorL 8.

(l) The Commissioner shall.

within ,l months aiier t}Ie end ofthe financial 1'ear, submit to the Minister a report on the performanc€ ofhis functions during that year and on its policy and proSrammes.

(2) An agnu8l report under subsection ('l).


shall include (a) the accountr and annual financial statement of the office of the Commissioner: t O) the stetus of this Act and any orher laiv relattng to labour and employmeng (c) the staffof the omce of the Coomissioneri (d) statistics of- (f workplaces liable to inspection and the number of employe€s ernplo;rd therein: No- The Emplovment Act, 2022 l3 (ii) inspection visits.
violations and offences, and penalties imposed; (t| industrial accidents and occupational diseases; and (iii) proceedings brought before the High Court and of theb disposal; and (iv) any other relevant labour or employment information (3) The Minister shall.

on receipt ofan annual report by dre Commissioner under subsection (l), lay copies of the report before Parliament within 2 months.

9.
9.

(1) The office of the Commissioner shall have such Directoratcs directorates and departments or divisions as may be necessary for dcpartmeots, the expe,lient and efficient performance of the f,rnctions oi th" "t" Commiss ioner including - (a) Policy, Planning and Researclq (b) Labour and Employment DL€ctorate; (c) Occupational Safetv and Healtlu (d) Social Protection.

(2) A directorate ofthe office ofthe Commissioner under subsection ( I ), shall b€ headed by a Director.

10.
10.

The Commissioner sball, in the performance ofhis fiurctiors Latour underthisAcg be assistedbyoffcers appointed by6e Public Service omccrs.

Commission to be Lltown as labour omcers.

14 No, The Emplwmenr Act, 2022 Other stafi I L In addition to the directors and labour offrces.

the office ofthe Cornmissioner shall have such other staffas nlay be rrecessaq/ for the efticienr snd effectiye performance of the flurctions of the Conunissioner.

PART III .
PART III .

FRTEDOM OF ASSOCIAfiO}i Right to folm or irin trade union.
lZ (l) A workm may form orjoin a trade union oihis choice for the promotioo atrd p;otection ofhis economia and sociel inteiests or withdraw his membership frr:n such trade union anci in particular, a wor*ermay - (a) take part in the formation of a trade union: (b) be a member ofa Eade unioo and take pan in lawful activities of a tsade uoion: (c) hold otlice in a trade union; (d) hke part in a tsade union electiou (e) be elected an officer ofa trade union: (0 exercise a righl confened by this Aa or any o&er law relating to labour and employment or assist another worker or rrade union to exercise such rights.
Q) An employei, employers' organisation or a person acing on behalf of 8n employer or emplo)€R' organisation, shall not, with r€spect to I worker or a person seeking employment- (a) require him not join a trade union or to relinquish his trade union membershipl NG The Enployment Act, 2022 t5 1t) take prejudicial action, includingtcrmination or dismisal, against a lorter or other person by reason ofhis trade union membcrship or participation in legitimate rade union activities; (c) otherwise discriminate against a $,orker be:lse ofhis exercise or anticipated exercise ofa right conferitd by this Act; (d) threaren a rvorker that he will suffer disadvantag,e from exercising a right confened by this Acq (e) promise a worker a benefit or advantage for not exercising a right confen€d by this Act (0 re$rain or scek to restrain a work€r, by a conuact of employment or otherwisc, from exercising 8 right confenEd by this Act and a contractual term which purports to exen such restraint shall bc null and void; (g) impose a discipline or disadvantage upon a worker, who is lawfully on stike or locked out, for rcfusing !o do work noumlly dorc by that worker, unless such work must be done to prewnt an actlal danger to life, klh or safrty.
t) Nothing in this section shall be interpreted as preventing an employer from terminating or otluwise disciplining a worker forjust caus€, in accordancc with ttris Act.

(4) An cmployer or employer's orgErisation that scck* by any kind of threat to imimidat a !w*er during negotiarions of a collective agreement is guilty of unhir laborr practice and b liable upon canviction to 8 fure not less than I J m6ad!9 nst Jorl minimum wage.

4 No.
4 No.

The Enploynent A*, 2022 (5) An emplcyer or employer's orgauisatioo that discriminates, intimidates, or harasses a worker with respect ro the employment or conditions of employment because the *orker is a member oran offrcer ofatrade union or on accou:rt ofrace.

religiorq gender, religious dress code, HI!

'- AIDS, political opinion.


region, marriage, age, dl"ability condition or ethniciry commits an offence and is liable upon corrviction to a fine ofnot less than 17 months national minimum }age and shall take appropriete steps to ensue there is a remedy to such action and prevent a reoccurrence.

by- (Q An employer or employer's organisation that seeks (a) intimidation or harassmen; (b) d\reat oftermhration or dismissalt (c) imposition ofa penal6.
; (d) giving or offering to give a rtage increese or any other favourable alteraiio:l af te!

:ms of employmenq or (e) any other means.

to induce a worker to refrain from becomins or coqtmuing to be a member or oihcer ofa trade ur:rion commits utrfak :abou practice and is liable upon conviction to a arne not less than 16 nronths nadonal minimum w€e and shall take appropriate steps to ensirre there is a remedy to such action and prevent a reoccurrence.

Righr ro form or join employers' Jrgaltisation.

13.
13.

(l) An employer ma1, form or join an employers' orgaoisation of his choice for the promotion and protection ofhis economic and social interests or withdraw his mernbersliip fiom such orgadsation.

\b.

The Enplol'nent Acr.


2022 (2) An employer ma,v - (a) tate part in the formation of an employcrs' organ isation or federarion; (b) be a mernber ofan ernployers' organization or federation and taJG pan in the la*{ul activities of an employers' organisarion; (c) hold office in an emplo)€rs' organisatiotr or federation; (d) exercise any aad ell rights confened by &is Act or any other enactment or assist another employers' organisatiol to exercise such rights.
(3) A worker or group ofworkers thal seeks to intimidate or dismpt the business of an employer dudng negotiations of a collective agreement commits an unfrir labour practice and is liable upon convicdon to a {ine not less than 6 raonths national minimum wage.

1,1.
1,1.

A complaini of in&ingemeot ofthe ri€ih6 and protections under this Act may be referred to the High Courr (2) Where the High Court tin& that a complaint referred to it uader subserdon ( I ) is well founded, it shall make such order as it may deem fit to secure conrpiiance rvith rhis Acr, includ;ng an order for the resroratioo to h irn of any benetit or advantage and for rhe palment ofcompensation or a irne.

Rcm.di.s for irfringofiedr of fraedonl of sssociation- 15.
(r) Pr0hibited violence and harassment in rhe workDlace is vioLnc' rq'i h assmeni al work prohibited- ' (2) In the case of yiolence and harassment inclu{ing sexual prohibited.

hara-.smenq tlte rictinr may make a complaint based on dispute resolution procedures and in accordance rvith Ge reguhrtions or grievance procedures of rJre uorkplace, t8 No.
The Enploynen Aa, 2022 C3) wherc e complaini made under subsection ( I ) is not resolved to thc rcasonsble satisfacrion of the complainant, he may rnakc a cornplaint !o &e Commisioner and ifthe Commissioner finds that the complaint is well founde4 he shall order an investigalion into rhe complaint.
(4) Upon completion ofan inrastigation under subsection 3, and if thcre is sufficient evidence of violencr and harassment including s€xual harassment, the Commissioner shall, after consultrtion with the Minista, refer dre complaint to the High Courl (5) Wborc ltre High Cout finds thar the complainr is well foundd it sha[ - (a) grant suitable protection against victimisation or retaliation against complainants, vi€tims, witnes-ses or whistl€r- blowers; O) protect tlre priracy and confidentiality of drse involved; (c) ensurs that the requirements of privacy, confidentiality are not misusedi and (d) impose appropriate sanctions (O A frson shall not preveu easy access to suiable, safe, fair and effective means ofmaking a complaint of violence and harassmant inchdiry sexual harassment drat occuls in fie workplace.
@ A person who contravenes subsection (6) commk an offencc and is liablg on conviction, to a fine ofnot less than 15 monfts national minimum nage.

Forcad bbour prohibircd 16, (t) A uo{ker shall not be required to perform forced or compulsory labour including - No, The Enplqmenr Act, 2022.
I9 (a) wo* in fulfilrneot of social rcspomibilities of a commupl, cultural or religious nature; (b) work or xrvhc which fonns part ofthe normal communal or civil obligations of citizem; (c) work or service performed in cases of emergency, lhal is to say in drc event offorce majeure, that would endanger &e existence or the well-being of the whole or part ofthe population: or (c) communal service of a kind which is performed by the members ofthe community in the direct interest of the community, provided thar rhe membcrs of the community or their direct represe atives have been consulted by the relevant authorities in regard to the need for such services.
(2) A person who exacts or imposes forctd labour or causes or permits forced labour for his own benefit or for the beefrt ofanother person, commits an offcncc is liable, on conviction, to a frne of not less than 30 months national minimum wage or to imprisonment for a period ofnot less than 12 months or to both fine and imprisonment and pay comparakn o t}r virrim offorced hbor.

11.
11.

(l) Discrimination in employment or occupation is prohibited and a person discdiminated against may make a complaht by himselfor by another person or his behalf.

@) An employer shall not dismiss an injured worker, discriminate against or disadvantage a worker in resp€ct of the worker's employm€nt or occupatiorl or atter tb worlcr's positioo to the detrirnent oflhe wor*er by reason only that the worter- Non- disc.iminatioo in cmploym.ot OJ occupatiol.

a No.
The Enploynat Ad :422 (a) makes a complaint abour a matter which the worker ct'nsiders is not safe or is a risk to his hcaltlU (b) is a meruber of a safety and health associatior: (c) exerciscs any of his t'rnctions as a member ofa safery and health asstriatioa: ($ susained a degree ofdisability as a result of workplace injury; or (e) is pregnant or expericneiog a maternity condition, (3) An emptoyerwho cootravenes subsectior (2) corn nits an offence and is liable to a fine rot less tfian l0 months national minimum r,rage cr to imprisonrnenr for a term of not ks rhan 6 months or to both such fine and imprisonment.
(4) Nonvithsending any sritten iaw to the contrary, where a person is convicted ofan offence undr'r suhection (2), the Higlr Court rnay, in addition ro imposing the pena lty .r[der subsection (3), rnake one or brrth ofthe follorving orden - (a) that ahe offender pays whhin a specilied period, as a compensslion to the person ag8inst \itom the offenC.-r has discriminated such damages as the court may deem fiti or (b) that the worker be reiiBtated or reemployed in his former positioa or, *llere that position is not availablc, in a similar or suitable position.
Na The Employnent ,4q 2A22 ?l l& (l) An ;+ployer shall pay €qul re$unetation for mcn Eoo and women rvorkers tbr $ork ofeqssl value 8nd for0lat pu+osc, an employer shall cordu& a.job eraluation to ensure that thc principle r,rcrkers for rvort ofequal ofequal remuruatiori tbr men alrd wom€{r value is appl;ed.

(2) An enrprloyer who contravenes subsection (l) commiE an ,rffencr aild upon convictioos is liable to I frne not l€ss fian l2 montts national r;rininrum rvage.

19.
19.

(l) There shail he implied ia every contact for drc supply of goods or services to governrnent deparments, public, private institutions or locai governmest authorities n "fair terms atrd conditions of e$ulolmena" clause.

Fai, aaams ardconditiods of cmploym.nt clallsc in contracts.
(2) A "mir terms and conditiolE ofemployment" clause under subsection ( I ) shall imply tlrar a supplier ofgoods or sewices to a govemftent deFartrent, public or privatc instiuttion or local goverrunent autltoriry undertakes to - (a) recognise and rssp€ct the freedom of the workers of is suppliers ro belong m eade unions oftheir choice; (b) €nsure thd the norters ofis suppliers enjoy lerms and corditions ofemployoent that are not less favourable than dtose cstablish€d for work ofdp same eharacH in that ts dc or indusEy in thc place *tere tb qort is canied out, regulatcd by- (i) coliectirc bargaining agreercntor odxr recognised machinery of ncgotiation benveen employers and trade union represcntativcs or belwcen sub6t rtrial proportions of the employcrs 8trd uorters in that trade or indusEy; or 2 No The Enployner,t Act, 2022 (f conciliation award or a goyernment wages order.
(c) where the conditions of labour are not regulated in the manner referred to in paragraph (b) in the area wherc the wort is carri€d on, ensure lhat workers of its suppliers enjoy terms and conditions of emplo)metrt not less favourable $an- C) those established by collective agreement or other reccgnised mechanism of negotiation including.
conciliation award or gov€mment lr€ges order, for work ofdre same characrer in that trade or industry in the nealest locality or areq or (ii) the general level observed in the rade or industry in rvhich ia suppliers ar€ engaged, by employers whose gerEral circunNtanc€s a;e similar.

(3) A crmplaint may be made to the High Court by a trade mion or an employers' organhation alleging a breach of subsection @) and the Hig[r Court may order the supplier to pa]-.
to $e workcrs concarncd such sum or sums by way of compensation as it deems jus and equitable in all the circumstances.

PARTIV-BASIC EMPLOYIIENTOBLIGATIONS A.

(l) A persfi, organistion or institution in Sierra lxone - (a) intending to operr a new business; @) commeaces brsiness activityi Noti[ic!tion of brEincss r.tivitics.
NcL Tlie Enplol,melv AcL 2022 B (c) chariges the operation of a previous esiablishment or business activity; or (d) enters into an agreemenc dut has labour and emploiment relations element shall noiif the Colrfiissioner in llriling of his int€rtion beforc opening.

c4nur*xcrng, changing the opeiation of such business activig'.

(?1 Tt:.

; r6rnn1 .- oner shall, upon r€ceipt ofthe notice lnder s'rDsecrr-rri i i ).
t3ke ruch steps as may be neccssary to satisfy himself hat - in) ihe prcmises in lvhicii the business is to be opcrard is suitable for use as a worlelac4 of rhe rranre sated in the notice: and t'bi the person, orgarisation or institution opening, comm€ncing, changing thc r)peration of such business is in adhertnce to the relevart lahour larvs.

?i.

Itrtrert rh: C+mmissioner is satisfied that - Rcgist.arion of wo,liplacc.
L;) the premises in which the busioess is to be operared is suitable for use as a wodelace of dle nature slated in &e noticc; ard (b) r person, organisation, institution or fru-qiness intending tO Open, Commence or changing the operafion ofa hriness, he shall regi$ir the wodqlace.

D tti A:r emFtoyer, in the p:.rblir or privarc y*, q!

*"ff* norif, *e C,::r,n:'ssioner of arry anployment vacanry whenevcr it -iioo"i... occtrr !

f4r rh{ li'-ipnses of eniplo'ym6nt staiistics and labour nnrket infor:tarioi;.
% Nc The Fmployment Acl, 2022 @) lnformation raceived by the Commissicner unde.

subecction (l) may be used order to - (a) determine the demand and supply of labour in different sectors ofthe economy; or (b) arhame effective labour nranagarrnt in Sierra lpone.

(3) An employer that fails to comply lvith subsection ( l) cornmiB an offence and is liable upon eonviction to a fine ofnot less lhan 6 months nstional minimum *'age.

Employmcnr rnd training 23.


(l) An employer shall, for the purpose of enrplol.rnent ud t-aining give first consideration !o Sierra leoneans.

@) Where an anployer cannot employ a Siena Leone3n for a partiarlar position due to the unavailebiiity oftra ined personnei locally, the ernployer - (a) may hire a foreign expert to occupy such positioni and @) develop and submit to the Commissioner, a training and succ€ssion plan for the transfer ofsuch skills to Sierra Leoneans.
Emgloym6nt altrums dd stltistics, 24.

(l) In addition to Eny other powers conferred upon him by this Act, the Commissioner shall submit to an employe( a question airc rrluing to statistical daa of workers employed or recnritod for anployment, the rales ofwag€s and other conditions of scwicc affecting uch employm€nt C2) An employor shall complete and return a questionnairc ond€r subs€diqn (l) to fie Commissioner, not later than 2 ureel<s from thc darc ofreccipt ofthc questionnaire.
No, The Enployment Act, 2022. x (3) An employer that f8ils to comply with subsection (2), commits an offence and is liable to a ftie ofnot less than 6 monlhs national minimum wage and in the case of a s€cond or su@ucot otTence aga inst the same provision, the offender shall be subjeA to a fine ofnot less than 3 months national minimum *age, 25.
(l) An employer shall, lor the payment of terminal E@o benefrs, - rcprEt€ (a) establish separate *eod of service' "f ml# gratuity bercfiB" bank ac.ount in line with.ccourt.
the International Financial Reporting Standards and International Accounting Standards; and (b) submit to the Commissioner annually, a status reporl of the accounl e) The signatories to an end of service or gratuity benefits account established under subseaion (l) shall, in &e case of unionised woriiers, be the employer and accredited lrorkers' represenBtiYes.

(3) Mthdraual fiom an end ofsenice or gratuity beoefis account shall not be efrecte4 wi&out prior notice in writing to the Commissioner.

26.
26.

(l) A foreign employa o xorker who intends to tsvel lrbo.tr out of Sierra Leone shalt obtain Lbour travelline clearanc€ torn he tnwllinS Commisioner in orderto ascerain rha p fqeign-anplq6rorwvtcr "lW' has no employment or labour related obligatiotrs to the gov€rIEo!

workers or employers in Sierra Leone.

@) A forcign employer or workcr rhal hils !o obtain Labour Travelling Clearance under subsectioa (l) shall be darkd exit our ofSiena L,eone.

No.
No.

The Emplqvnett Act, 2C22 Rcgistrstion witlt profcssional body or insritution- 27.

An expatriate or foreign professionai $ho is required by lsw to rcgist€r with a professionsl bod-y oI institution in Siena Leone, including the Sierra Leone Medical ard Dertal Associarioq the Siena Leone Bar Association, the Association of Cenified Chsrered Accoununts and &e Sierra Leone tlstitute of Enginee$, shall Got !,vork or opemte in Sierra Leone unless- P.ofessional approval for lsbour .llEted rclcarch.
(a) he is registered with the appropriate professional bcdy or insiitution: and (b) submits proof of such registration to the Commissioner.
n. (l) An individual or institution shall not engage in labour or labour related research in Siena kone unless he - (a) informs the Commissicner in rwiting prior to the comnencemeflt of sucn resesrch; and (b) submits the following documents to the Commissioner - $ a hard eopy of the full research proposal; and (iD brief curriculum vitae of the lead researcher; and (iii) any other relevant docum€nt or information that may be required by the Commissioner.

Publicltion of rnnud r€port.

29.


The Commissioner shall publish an annual repon on his iospedion services which shall contain information relating to - The Enploynent ,lct, 20?2.
ZI (ai de!elcpDents of this Aca and other laws relating to labour and eorploymcng tL'., the Checorares, directos, labourofficcrs and other staff under the supervision of the Co;nmissioner; t) staristics ofi (i) workplae€s and tlie number ofworkcrs employed tlrerein; (ii) inspection visis, violations and penalties imposed; (it) indusrial accidents ard occupstionrl diseases; and (iv) cases brought before the High Court and cftheir disposal; and ij; ar1, other relevanr labour and e.mployrncnt information.
PART V .

E]\{PLO\IENT CENTRES AN'D BASIC RECRI.IITMENT PROCESSES.

30.

Tliere sh:ril be, rvithin the Ministry or in such phces as dre Eaployrlc Minister may, at'ler alrr*ulation with the Commisiotrcr dctermine, Gcat!6.

emplo,,mellt ce[1'res which shall be responsible to - (a) receive applicatiors for employmcnt- (hi isue labour cards; ard (c) uncmployme certificates.

8 No Rccruhmcnt by .mploylr.


31. through The Employment Ait, jl:1 (l) An enrployer may enlploy or reci-uir ; pers,.rt either (a) the employment cenire: (b) priYate employnrcnt agerc!

: (c) by interview arising &.r:,r an adv*iisement: or (d) applicationreceived @) An employer sto employs or recn:its a person on an application received throueh a private employBlerl as.ency shalln inform tle Conmissioner in uriting in order ro enrure compiiance with $is Act.

Re*ord not d.mandcd or lccepred.


32 A person shall not demand or accept rlire:tly or indirectly to be 8om a pemoo seeking employment or i(a!

:r ?

!,ei:i)lr acting on his behalt mon€,,v- gi& or other consideration (hniever lor providing him witlr employment other than such fee as inay Lre lresqibed.

\,Uting 8rd rlt.strtion of contaact ol emplolment.

PART VI.

CONTRACT CF EMPLOYMENf Ai.

'D (]THER TERMS AN-DCONDITIONS 33.

(l) A contract of employment or -<er.,ice.


lelms and conditions of service, persorln€l policies, humair les,:urce rqanuals or any contrsct of other document thai regtliile:i iabour and employrent rekitiocs, exrhding Collective Barga:$ixg Agreenents betweeo an employer and a worker.

shall not be bir':ding or valid for tlr purposes oflabour and ernployment unless it is \eflid axd attest€d by the Commissioder.
(2) An er.ployer who &cts in conh"veotioil oisubsection ( I ) commib an offence and upon conviction is liable to a finr lrot less &an I ?

mdlths nationa[ minimum rvage.

(3) The originalofthe drcuinent trci,', drn$ r!

;r a:l('staiion shall be retained by the Commissioner.

(4) A vetted afld aBested pers.


:n*el pili.y or hlman resource manual rcgulating l$our anrl emplov;ireirt rtialicns shall not be binding or valid fcr more than -1 i'ears frcin thc date ;rfiested by the Commissioner under sub:ec.tion ( i i. X& The Employnent Ad, 2422.

E (5) liotwlthstanding subsection (l), dle abeence ofa vctled afld att.sred conract of employm€nt or service shall nofi prcjudice the righG ofa worker and his accrued entitlcmcnts for the period he hx sen'ed the employer.

i{.
i{.

The Commissioner shall, by notice served upon an cnrccldioo ernploier, cancel a coltract ofemploymenq excluding a Collective of conrfft Bargairring Agreerrrenr that has been enrcred into by a wor*er *idr f!-,, an employer, ol erounas *ar, tre contraa irl, *rJ"""mioi ofd,i.

;i:|*Ht"t .r.c1 or any oine: Act o: thot Ae naturc of tle *nploymart b daqgaous or fu noral or is iikely to be injurious to the safety aDd healrh of$e worker or fol aly orhei cause as may be prescribed.

35.
35.

1t; t.'r rhe purpose of this Act, fixed term so6uact 6ffixcd r.rm employnlent c r .e;,, i;e .hali be a contract.of employment betwear an ffi[h:f,,r enrplover ru,ci r rri'rler for a specific period.

o. icr"tB.

, (2) n tl\ed term cooEactofemploymentors€rvice below 6 montlis shali ht renewed once only.

(3) .\ hxed-t€rm contract worl(er who bave served the same emplorer continuously for a period of 12 monlhs or m(e slull be eriitled to al!
a.:c.ueC benefits as provided by rclwant tradc group agrcemeot or oaier bethr tenns.

(4) Notwirhstanding subsection (3), in the case of a consultant or ir.deperrdent contracior, the pa),rnenb for a fixcd ta(m eonract of employment shall be a consolidated amomt fixed in advanc€, 36.

A contract of employment valid and in force at the Conriauirg commencement ofthis Act Shall - coru"act.

(a) continue to be in forcc after its cornmerc€menq provided that such cooracc are not in conflict wilh ftis Acq 30 No.
The Emplaynea ld.

:n?)

(b) be deemed to be ma<{e lrDlief this Act and the psrties lhereto shull b€ -\u,'j$t fo ard ertitled to such temu and :qlndii:ons as ai-- p:'ovided u der this Act.

S-g *H, "t r€quir€d 3?.

A contract of employmenr.

cther th?

[ a cort!

a('t which is by this Att or aay cfter Act to [r1 s1;:cr r; ruriting.

may be cnploymcnt.

made orall.v and thisAct, save as otherwisr' exprtlsiy pro',ided, sha.ll apply to oral and urinen contrach of emplcyirtrrrt.
Agrcamcnt for lcss th.n nrtional minirnum ' r8c rcid- Agreemcnt lo qxcludc opcrdion of Act void.

38.

A provision irr a contact ofempioyn:ert f,.n' the paylnenl of than the rate {ixed b) the Joint Natiolal ]egotiating w"ges at l€ss Board shall be nulland void.

39.
A pmvision in an agreement, ryhether ol not it is a cont-act ofemployme[L shall be void h so far as it purports io- (a) exclude or limit the operation ofa provision ofthis Acl to the detrinrert ofa lyorker: or @) precludes a person ftom- (f presenting a complaint under this,{ct rc tie Commissiorer or the High Court: (f initiaiing or enforcirg proceedings under this Act h the High Coun; or (ii) giving evidence in coniection \r.ith a complaint or proc:eding, unless contained in a rvritten agreement ilr relation to an alternative dlspute sefilem€nt $echsnism.
AgrccE€nt 4.

(l) An agreement for the payrnent of ivages in fot prvmcrt conravenrion of thisAct is void.

(2)Subsection(l)isnctabartoa llffi" jla, uo*er being paid, in accordance *lith this Act.

for rtork perfonned in of^ct void.

the past.

No.

The Enploynent Act, 2022.

3t 41.


(l) Except rrhere expressly p€rmiEed,8n agrecrcnt vlririot betreen an employer and a worker by which the pmvisiom ofthis or L* Act :re exciuded or varied in any way shall be void as to $o6e proli:ions of srrch ag'€ and ofno effect in law.
€ment (2) Nothing in this section shall preyent the applicstioL b)' collecti\€ ageement or otheryise, ofterms and conditions wtrich are more favourable to a qorker than those contained in this AcL a2- ( I ) Acartraq ofemployment shall not be ransfened from TEnsfcr of one employer to 3nother wit}out the consent ofthe worker and prior G@tn"L oolification of the Commissioner, save as provided by suhection (3) lltrere a fade or business is transfen€d in whole or in pan.
the conftact of sen'ice ofa worker employed at the date of trafffer shall aqtomatically be transfened to fte Eansfere€ and all rights 8nd obligations betweg ttr worker and the transfer@ shall to appl) as ifthey had been righb betweeo the worker atrd contiru€ the transferor (3) A transfer under subsection (2) shall not int€nupt a worker's continu;ty of seftice and the service shall continue widr the kansferee as if it is with the transfemr.
(4) Subs€ction (2) shall not transfcr or otherwise affect for, convicted o{, and the tiability cf a person to be prose€uted sentenced for an of;ence committed befor€ such transfer.

43.

(t) Casualor temporary wor& shall be - (a) seasonal or intermitteot in nature; atd (b) fur a pcriod oot exceeding 6 rnoarhs.

(2) Casual or t€nporary work shall not be work ofrouine rature and the remuneration rne:/ be calculated on a daily basis.

Casual oa lcmpoaary !rcrli.


9 No The Enployneru Act, 2D2 Rcmuncr ion of 6sud al|d lcmporary worter.

(3) A casual or temporaq/ 'rorker who is emp.loyed by the same employer for a conlinuous period not more than 6 montlE shall be ftared as a p€rmanent worter.
(4) Without prejudice io tbe terms and conditions of employment, mutuauy agreed to by the panies to an agreement, the pmvisions of this Acr in respoct of minimum wage, hours of work, r€st perio4 paid pubtic holi&ys, night work and sick leave are applicable ro a contracl ofemployTnent with a casual or rernporary rrork€r.

(, Casuat or temporary worker shall be entitled to rent.
transport, medical, relocation or risk allo\ra$c€s, and any odrcr allouances as specified by relevant trade group agreements or otlrer beter termE where required or applicable.

44.
44.

(l) The minimum remueration ofa temporary'or casual urorker shall be determind u{rere a temporary worker or a casual uorter is required to work on - (a) weckdaS only, his minimun daity wage slall not be below the national minimum wage when multiplied by 22 working days: (b) an hourly basis only, his minimum hornly rate shall not be less than the national minimunuage when multipliod by 22 sorking days.
(f,) A temporary work€r or a cas'.ral *orker shall not be to ary rEmwraration for eaclr day or horn the *'orlier is absent €rtitled from wo* during the l}€ek or monh.

(3) An worker the full min the worker attends worter from carrying not, to arTange slalt pay a temporary wo*er or a casual remunemtioo fcr each day or hour on wlrich wtether or not wet weathel prevents the his normal uork and *tether it is possible or wort for the u'orter on such a day.

No The Employment Act, 2022.


3 (4) A temporary worker or a casual worker is entitl€d to be paid for ovettime work by his employer in accordance wi6 secrion.

45.

(l) Ao employer who employs a person !o whom a minimum rate of nzge fxed by the Joint National Negotiating Board or a Trade Croup record ofNegotiating Council is applicable, shall keep uages as arenecessary to show that this Act is complied with in relation to that percon Employcl to kecp It ord of w486.
(2) An employer who conravenes subsection (l), commits an offence and upo conviction shall be liable o a fine not less than of2 months national minimum wage.
(3) A person rvho - (a) makes, or cause to b€ made, of knowingly allows to be made a wEge she(* or a r€cod ofwages or payments, which is frlse in any material particulac (b) produces or causes to be produced, or knowfurgly allorys to be produced, such record to th€ Commissioner, l<nowing 6e same to be fals€; or (c) fumishes informarion to the Commissioner, knowing the same to be false, commits an offence and upon conviction is liable to I Iine not l€ss than I 5 months national minimum wage.

a6.
a6.

(l) The bankuptcy or winding-up of ar employerS lnsolvsocy business shall cause th€ contrac{ of employnent of a wo*er to of louloycr.

termin:lte one monttr 8om the date of bukntptcy or winding-up, unless it is otherwise terminared forjust cause wihin that period.

(2) This section shall not apply where, notwithstanding the occurrence of such bankruptcy or winding-up, the business continues to operate under public ownership or is trsnsfer€d.

No' The Employmenl Act, 2022.


(3) On &e imolvency or winding-up of an emplo,\'er's b$inecs, drc claim of a wo*er or tlosc claiming on his b€half to wages and oder paymens !o ryhich he is entitled un&r this Act sloll have priority over al I other debts except for debs owed in respect ofjudicial ftes.

Employcr to p.ovidc \ryk.

{1.

(l) An €mployer shall provide his rvorker with worli in accordance with the worker's expressed or impiied co,rtra.t of anployme!

[ Entitlemcot to uaa€ca.


@) An employer shall not be liable to provide work xtrere intcnuptions to his hrsiness activities are caused by- (a) force majeurcl (b) sEfte, go-slow or other indusFial action; (c) conomic insecurity or tedrnological reasons which rcsuh in a shonage or reduction of work $at is beyond the employer's control.

/A (l) Wag6 shsll be paid in legal tende to a wurker enti ed lk€6o.
(2) Notwiths*andiqg subsec.tion (l), an employer may, with the prior wrinen agrcemart of the worker, pay wages by bank c@ue or by direcr payment to the worker's account.

(3) A worker shall not be entitled to receive rages in reqcct ofa period wlren he is absent from wo* without autjlorisation or good cause.
(4) For the purposes of subsection (2), in the case ofa at least 3 months continuous service with wor*cr who has compl€t€d his emplo5rcr, the following shall constitute absenae with good cause- (a) thc occunarcc of force majeure preventing the worker fiom reaching his place ofwork or froh xorking O) a surn norr to attend a coun of law or any othcr public authority having power to co pel attendance; No, The Enploymea Ad, 2022 35 r c) the de-eth of a member of a wortcr's hmilSr or dependaff rclative, subject to a maximum of3 days' absence on any onc occrsi{rtr atrd a ma\imun of l?
days in any one calcddar year; (C.) sicloless or wedding of the worker or his dependents.

(5) Srrbject io per"graphs (a), (b) and (c) ofsubdcction (4 ), a \lo.ker hes ar obiigarion to inform the enployer ofhis abeum or intended absence tonr rvo* rvidrin 24 houn.
(6) A \iorker who has completed at lqst 3 months continuo'.is service anil is absent from wod( oo account ofona ofthc situarions speciled in tukection (a) shall be entitled to recciye wages as drough lre had not been absent &om work and had ftlly pedorffed his Cutier undei rhe contract of employment throughor{ the absence rod lris rvJges shall not, by resson of the abscnce, bc subject to aoy Jeducrion.

49.
49.

Upor dre death ofa wo*erdlring the temr ofa conoart of employment, his heirs or dependents shall be entitled to wag.s md other iemuerafion due !o tlie worker.

Dca$ oF workcr.

50.

(ti A psrson rito qualifies for the nationalminimun uagc l*-!:,!

shall be paid a rvage by his employer in respect of his wock i, iy H*ot* pay r€tbrence period at a rate which is not less than the natioaal minl'nurn uage.
(2) A p(rson shallqualifi for dre narional minimum *age ifhe is - (a) aworkcq {b) is working, or ordinarily works, in Siora Leone under a eoo r'act ofemploymt madc orally or in writing % No Thc Enployneru Act, 2022.

@) For the purposes of subsection { I ), a "pay ieference pcrbd" is such period as may be prescribed for the purpose.

Paymcnt of w88ca tO anothcr.

51.

Exccpt when it is expressly provided by the la*.


a persou the wages due to a worker on behalfofsuch rvorter shall not r€ceive without th€ writtcn permis-sion of the worker io lyhom such *ages arc due.

Prohibition of dcductions.

52 (l) Save as otherwise expressly permined by this Ac., the entire amount ofwages eamed by or payable to a worker shall be paid directly to he wo*er and an emplol,er shall not make a deduction from the uages ofa worker unless it is a permitted deduction.

Permill.d dciuc{ions.


(2) An employer wtro makes a deduction Som a wo*er's salary without his conseot, that is not permi(ed under srctioa 53, commits an offencc and upon conviction is liable to a fine nor less than 6 months nationrl minimum wage.
S. The following shall be deducred from the re.rnuaeration due a wor*cr - (a) an amoult in respect oftarq rate, subscription or contribution imposed by law; (b) an amount representilg a cdotribution to a provident or pension fund or scheme establlshed or maintained by an employer or some other person and approved by the Commissbner; (c) a rcasonable charge agrced in wdting by $e worker for food or drink, other than intoxicaring liquour, lodging cloth ing supplied by an employer to x work€r, wherc the employer has made elear that such dcductions would be made b€fore the food, drink, lodging or clodring uas supplied, and wherc the worker has agrecd in writilg to these conditions; No The Enployment Ac,, 2022 37 (d) a rcasonable rent or other reasoRable chargc for accommodsicn p{ovi& by an anplol,tr for the worter, or a worker's &.mily, where the worl(er has agreed in writing to such a deduction and the worker is free from coercion to make use of such accommodation; (e) the mst for loss oi or damage lo tools or goods expressly entrustcd to a worker b;r his employer for safe custody or for loss of money for which a worker is responsible, where- O such loss or damage is directly attributable to the neglea or fault ofilre workec (ii) the Worker tus agreed in writing to such deduetions and provided that the amount of such deductions shall not exceed the amount of loss to the emPlo!
'€r; (f) union dues, deducted in accordance with section 55. y.

(l) Withour prejudice to any other liability for x Employcr contravention ofthis Acq an employer who acts in contravention of :o-:Dtv section 52 shall repay wages withheld or wrongfully deducted &om ffigndty the worker.

ddtEEd (2) A r€que$ for repayment by a worker shall be nude to the Corunissioner or th€ High Court not later than 2 years after th€ allegedly unlawful deduction was m8de.

55.
55.

(f) Subject to subscction (2), upon dre reques ofa trade !

{rdh union to whom a collective bargaininj Lrtincate rras Ueen i*r.4 ffffi an employer shalF drs to trad!

uoioir.

38 No.

The Employ-ment .4ct- )02: (a) make deductions fmm the wages ofa worter eligible to be a member ol the unir'c for 6e purpose of paying dues to ahe trade union; and @) pay any sum so deducted to tlre r&de.
i.rnion (2) A wor*er rvto does nol consent tc be a ade ufion rtrmb€f, may conEact out of the a,rangem€nt l'or tiedrrrtion frorn his wagcs for the purpose of paying dues to the tade uriion sy:tem in writing.

8) .
8) .

{n enployer who refilses tc make dedu\:ti{rii from lh€ wag€6 br the purpose ofpaying dues to a radc uaio;i il acc..'rrJance with subsecrion (t) is liable to pay to the F,'ade r ridn :rs penallv, a sum equal to 5 percent cfthe lotal amount cfthe ,Jedirlcticn for each month during which &e sums :re nol paid to dre tEde i:nion.

io addition to th€ union dues.

Emplolcr to provide ilcmiscd pEy slat€ftenl.

56.

(l) An employer shall provide.


rcith ea.ch pavmeot ofa *or*er's w€es, an itemiseC pay stalement in $'ritin.

;n simple engl' h utich the worker may ieesonably be experted t r l!il.

;'!e i;ten4 which s€ts out- (e) the worker's gross uages due at the end of that parricular pay period; O) the amount of every deduetio[ from the lrorker's *ages during lhar pny Deriod and the purpose for which eacir {ieduction was made: and (c) the *o*er's ner *ages payeble at tte end of that pay period.
Q) lYlcre ar employer ftils to pmvide a p?.-y staremenr as rpquired uoder subsection (1) or &ils 10 prcvide such a statement that is No.

The Enployment Act, 2022. , accurete.

a worker shall have the right of complaint to the Commissioner or trade union.
(3) The Commissio*r, ading following acomplaint made by a worker under subsection (2), shall - (a) issue one or morc wriEen statements in lieu ofa pay stateme htich an employer failed to issue; or (b) amend an inaccuracy io a pay statement issued in rcspect of which a complaint was made.
(4) The Commissioner may, in addition to issrrc on€ or more written stalements in lieu ofa pay sratement or amending an inaccurzcy in a pay $atern€nt under subsection (4), order an employer to pay to a worker the aggregale of 8ny deductions made by the employer from lhe *orker's wages in a manner that w8s not in accordance wi& a.n accurste pay statemerl (5) A nrinel staternent issued by dre Commissioner in lieu ofor in amendment ofan employer!
pay statement shsll for all purposes be regarded as if it had been duly issued by the employer in accordance rvirh subsection (l).

57.

A loan or advance of wag€s by an employ€r to a wor*er Lon by employer stnll be made withorit interest and shall only be enforccabb cmglovar in;,riting ina fofln to do' byihe ifmade in accordance with ao agr€ement and in a language rr,trich the worker or his representative may reasonably be erpected to rnderstand and which is signed by the wo*er.

53.
53.

(t) Where vork stores for the sale of commoditi{x !o wott ltoEt' in conn€clion witt s,o*ers are esBblished or services are op€r9t€d a woakplrce, the workers concemed shalt be fut from any coerciou to mske use of such storcs or services.

4) No The Enploynent Ac( ;!i2.

: (2) Goods and serr ices in rlork stores sliill be proyided d ftir and ,€asonable prices.

Writt.o pmiculars of erhploymcnt 9.
(l) Aworkershall be endtled to receire &cn his enrplorer, noticc in writing of the following particulars oi emF.lo)ment, including- (a) the full names and addresses of the panies to the contract of emFlo),ment: (b) &e date on which employment under the cotr ract begins, speci$'ing rire date liom which th€ rvorker's period of continuous s€rvice sh6ll commence: (c) the thte and description ofthejob the worlier is employed to do: (d) fte ptace wlrcre the r*orker's duties arc to be perfonred; (e) the rrages which the rvorker is entitled to receive or the means by which they can be calculated, and in either case th€ intervals at which they will be paid snd the deductions or other conditions to u.
*rich thev will be subject ($ the rates of ovenime pay applicable to the wo*W @) dre worker's nonnal horrs of rvork and $e shifts or dals ofthe week orr v*'h ich the tvort is to be perfomedl (h) the number ofdays' annual lea!€ to 'rfiich the worker is entitied end his i:ntitlement lo wages during such leave; The Employnen Aq, 2022.
4t (i) the terms orconditions relatingto incapa.ity for work due to sicloess or injury, including provision for sick pay; 0j the iength ofnotice in excess ofthat providcd by rhis Ac1 required for lawfulrermination of the conEact by the employer or worter; {k) any collecrive agreelnent aff€.ting the acnnt and condirions ofthe worter's employmcng and Q arry disciplinary rules applicable to the xsrker, r2-r F;r erit c'r all oftlre infomwion requirtd by subccction ( !
), tle emploil:r rna!, in ririting rcfer tte worker !o a docme whidr is reasr-rnahii rccessible io dre worker during wor&ing hours af drc place ofrork anu which contains the relel'ant informarion in a form and in a iarguage &at itre lvorker can reasonably be expccted O under5trnd.

ij:l .i notice of particulars of employment under subsecrion { 1 } sli,rlil lle girea by the employer to t}e worker nol laler than l2 iveak:i lfter ihe dar.

on rvhich employment conmences.


(4t Ete;e there has bern al agreed change affccting any oi the partlrulars cf efiploymeot under subaection (l), an enipi,:yer shall i:::,;e a *riien notice of tle charye O fie r+ortg, withia a pr:riod ci4 rveeks olthe chaoge taking efred.

(5; All emp!.

;ycr shall retain a copy of the wri&cn pa:t;crrlar!

ni" cit;) loj,raen!

issued under subscction ( l), ,rd of oy cha ges rh:.eio, and slrai!

produce such copy on dcm&nd to thc Comnrissicrrer.


ra,ie unior or rhe High Court a No The Employnent Ad, 2422 (O In a dispute between an employer and a worker conceming the tcrms and conditions of emplol.ment, the writren ( I ) together with particulars of€mploym€nt any noticc of dlarge thereto, shall be admissible evidence of the cxistcnce ofthe terms and conditions about which therc is dispuie.
and there shall be a r€buttable presumption that the terms and conditions of employment are accurately stated in the wriflen partic.ulars and in any notifred changes ftereto.

referred to in subs€ction Wcckly rcst.

60.

(l) A mrkershallnot be required to work forhisemploler for more than 5 consecutive days without at least a day's rest, u{rich shall bc taken on such day as is customary or as shall be agreed betw€en the parties.
€) Thc Minister may, after consultation with the Joint Consultatiw Committ€e, by regularion, exclude frorn the operation of this section, persons holding high managerial positions in a lr'odelace.

B) The Mini*er may, a8er c.onsuitdion wkh the Joint Consultative Commiuee and with the consent of a worter, by r€gulation, grant ternporary exemption from tlre provisions of this scction- (a) in case ofacciden!
achlal or imminent forc€ majeure or urgent rvork to premises or equipment, but only so far as may be necessaDr to avoid serious interference with the ordinary working of the wortplace; (b) in the event of abnorrral pressure of work due to special circtmstances, in so far as dre ernployer cannot ordinarily be expected to reson m other measures; and (c) in order to prevent the loss of perishable goods.

No The Enplol'nenr Acr, 2022.


43 (4) Where temporary exemptions are made under subse{tion (3), a worker shall be granted compcnsatory rest of a total duration al least €quivalent to that provided for by subsection ( I ) and such compensatory r€st must be provided within 2 months of the rest period missed.
(5) Where a worker is employed on a contrad under which wages are calculated by reference to a p€riod ofone week or more, no deduction shall be made from his wages on account ofhim not working or not anending at his place ofwork on weekly rest day.

61.

(l) Subject to paragraph @) ofsubsecrion (2), a worker Lcngh of workiflg dav' shall not be required to work more than 8 hous per day.
e) Notwithstanding subsection (l), an employer and worter may, by contract, agree that the normal working houn per day are to b€ - (a) less rhan 8 hours; or (b) more than E hours, provided that any such agreement does not rcquire the worker to work more than l0 hours per day.
@- (l) Subject to paragraph (b) ofsubsection (2), a worker l.cngrt or shall not be required to t ort more tnan a8 bours per week ' r{orking w'elc C2) Notwithstanding subsection (l), an employer and that the normal uorking hours per worker may by contract agr€e week are to be - (a) less than.40 hours; or (b) more than 40. hours, provided that such agreement does not require a worker to uork more than 48 hours per weelc 4 shitu.

Rcsr brcaks Ovartimc No The Employment Act, 2022.


63. where a worker is employed in shifo- it shall be permissible to employ him in excess of I 0 hours in any on€ day or 4t hours in any one week ifthe average number ofhours over a period of3 weeks or less exceeds neither l0 hours per day or 48 hours per week and in either case, the worter shall agree in writing to such hours.
64. ln a worlelac€ where the normal working hours are 8 houn per day, or more, a minimum of30 minutes brcak shall be granted each day to a worker, unless otherwise agreed by the parties, no rcmmeration shall be required in respect ofthe break period.

65.
(l) Subjed to sections 6l and 62, the number of hours wlrich may be worked in excess of 8 hours per day or 40 hours per week, and the remuneration therein shall be a matter for agreement baween an emplolu'and a uorker, a Trade Grory Negot'uting Council or lhe Joint National Negotiating Board- (2) Where hours in exc-ess of8 per day or 40 per week are worked, the worter shall, in the absence ofa written agreement, be rcmuneFated at dle hourly rate, plus a supplement which shall be 50olo for week days and I00oZ for weekends and public holidays.
(3) Where houn in exccss of8 hours per day or 40 per week are workd they shall, in the absence ofa wrinen €rcement to the contra4/, be remunerated at the mte of the average hourly rate, plus a supplement, *,ltich shall be 50elo for the frst 4 houn in excess of.l0 in a weelc, and I 000/o for any such hours exceeding 4- Prymcnt for nigit work.
66- Subj€ct to section 72, a wor&er shall b€ e irled to be paid in rcspect ofnight wort aI a mte which represe s not less than the normal hourly rde for day urork plus a supplement ofnot less than 3flo ofthe day's rate ofpay.

Ccrlificlt of scrvice.

67.

(l) On the termination ofa contract ofemployment, an emplryer shall provide a qor*er with a certificate ofservice indicating- (a) the names and addresses oftfte employer and workec No The Enploymea Ac4 2022.
45 (b) the nature of the employer's business; (c) the length of the worker's period of continuous service with the emptoyer; (d) th€ capacity in which the worker was employed prior to termination; and (e) the reason or reasons for the temination of the Worker's employment, where the worker so requests, but in the absenca of such a rcquest the reasons shall not & stated.
(2) A certificate of service under subsection ( I ), shall - (a) not contain a judgement on or evaluation of a worker's work but, if requested by the worker or by some other penorq the employer may provide it in a separate document; @) so far as is reasonably practicable, be wrimn in language thu tte worker may be expected to uflderstand- 68.

(l) An employer, who is sued by a worker in respect of common injury caused by the negligence ofa fellow wor*er, shall not har.
* ilej"ffi a defence, the fact that the workers were in conrmon employment and disciplinary actions may be taken against the wor*er who caused the injury to his fellow worker- @) A provision contahed in a contract ofemployment or in an agreement collateral thereto shall be void in so fir as it would have the effect of excluding or limiting liability ofan employer in rcspect ofinjuries caused to a wor*er or apprentic€ by the negligarce of persons in common emplol.ment with him.

4 Probationary a d€f€nc€.


No.

The Enploymeru AcL 2022 @.

(l) The maximum length ofa probarionary confact fora wor*er shall not exceed 6months.

(2) An employer shall not employ a worker under a probationary contract on more than one occasion, unless the rvorker is, on a second or subsequent occasion, employed to do work ofa substantially different nature to that which he was employed to do on the first occasiotr.

.
.

(3) Mthout prejudice to s€ctions 82 and 83, a contract for a probationary period nray be terminared by either party by giving not less than 7 dap'notice of termination or by payment, by the employer to the worker, of7 &ys wages in lieu ofnotice.

Continuous sarvic€.

70.

(l) Continuous service shall begin from and include the first day on which a worter begins to work for an employer and shall continue up to and including the last day on which that work finishes.
(2) In the event ofchange ofmanagement or owneBhip ofa workplace, a worker shall be paid his full entitlements and any o{her statutory allowances- (3) It shatl be presumed unless the contraqr is shown, that the emplolment of a worker with an Employer is continuous wtether or not the Worker remains in fhe samejob.
(4) A worker's continuous servicc shall not be feated as intem4ted if the Worker is absent from work due to - (a) his taking annual l€ave, mal€mity or patemity leave, sick leave or any other leave in accordance with this Act, any other enacftrcnq cont:act or collective agreemeng O) his suspensioq with or without pay, in accordance with this Act, atry other enactment, conFact or collective agreerneng Na The Enploynent Act, 2022.
47 (c) the terminarion of his employmetrt prior to his reinstatement or re- engagement in accordance with this Act, any other enactment, mntact or collective agre€ment; (d) having been temporarily laid-off by the employec (e) acaion in pursuancc ofa strike, lock- out or other industrial action in which he did not participate; or (0 an agre€ment ofhis employer- (5) A period oftime elapsing in the circumstances reGned to in subsection (4) shall count for the period of calculating the continuous period of employment.
(6) Where a worker is engaged in an occupation in which it is customary to employ some workers only at certain seasons of the year and that worker is employed for successive seasom, the worker shall be deemed to have been continuously employed for the aggregate of all the time he has actually performed work for his employer for successive seasons.

PART VII - LEAVE ENTITLEMENTS AND MAIERMTY PROTECTIO}I 71.

(l) Subject to subsectioos (4) and (5), a worker isentided Annud l€*.
in each year to a period of leave determined in accordance with subs€ction (2).

C2) A worke/s leave year, for the purposes of lhis Act, begins- (a) on such date during tlrc calendar year as may be provided for in lis conEact ofenployrrert or a relevant agreemeng or 48 No.

The Enployment Act, 2022.

O) where there are no provisions of a contract ofemployment or oth€r relevant agreement, on the date on which that employment begins and each subsequent anniversary of that date.
(3) Leave to which a worker is entitled under this Act may be taken in instalmats and an employer shall permit the worker to take leave in the year in which it is due.

(4) A worker who has served the same employer or workplacc continuously for a p€riod ofone year shall be entitled to at least one month ofhis basic salary as annual leave allowance for each completed year of service or as prescribed by collective agreements or other better tenns.
(, In a situation where the worker is prevented or restrained &om taking annual leave by an employer because ofthe exigencies ofvaort, the worker shall be eotitled to one and halfmonth of his basic salary in lieu of his annual leave entitlement or as prescribed by collective agreements or other b€tter terms.
Matcrnit, 7Z ( l) Upon presentation ofa medical cenificate issued by a certified medical practitioner or a midwife cenirying the expected date ofdelivery or the acEal date ofdelivery, as the case may be, a female worker shall be entitled to not less than l4 weeks' matemity leave in accordance with this Act, any other enactment, confact or collective agreement, on full rcmuneration.
(2) Dudngdr period whena Errale worter is on rnalemity leave in accordance with subsections ( I ) and (2), her normal benefits and entitlements including her contractual rights and the accumulation ofpension righc as well as her legitimate expecations to advanc€me and seniority, shall continue uninterrupted in the manner in urhich they would have bcen had she not gone on such leave and her period of emplo)ment shall not be considercd to have been inrerrupte{ reduccd or broken by the exercise of her right to matemity leave.
No.

The Employment Act, 2022.

49 (3) An employer shall not terminate the employment ofa female worker during pregnancy or maternity leave.
(4) A female worker sball have right to retJm to the job which she held immediately prior to her matemity leave and on terms and condirions not less favourable than those which would have applied had she not been absent unless- (a) that job has ceased to exist because of economic, technological or organisational reasons; (b) she is incapable ofcortinuingto pcrform that job; or (c) on gfounds not rclated to the pr€gnarcy or birth of the child and its consequences or nursing.
(5) The buden to prove that the reasons for termination or dismissal are unrelated to pregnancy or childbirth and its consequences or nuning under subsection (5), shall rcst with the employer (6) In either ofthe circumsances under paragraph (a) or (b) ofsubsection (4), the employer shall take r€asonable steps to ltnd the female worker a suitable alteroative job within the worlelace and where a suitable altemative job cannot be found or if the female worker unreasonably refuses the offer ofajob, the employer shall be entitled to terminate her emplo).ment with notice in writing, if the employer so requests, subject to providing severance pay under section 80 and to the requirements redundancy under section 82 and disciplinary penalties under section 83.
(/) Where sickness arising out of pregnancl or during confrnement, affecting either the mother or her baby, and making the mother's retum to work inadvisable, the right to retum {nder subsection (5) shall be available within 20 weeks of the date of confulemeot or miscarriage.

50 Nc The Enploymenr Act, 2022.


(8) A female worker shall be entitl€d to the rights io subsections (l) and (3) after giving not less than 7 mention€d days' advance notice to her employer of her intertion to take maternity leave or such shorter period as is reasonable in the circumstances, ard after giving not less than 7 days' notice ofher intention to return to work.

(9) An employer shall not terminate or dismiss a female worker because ofher absence from work on matemity leave.
Rcqucs for pr.gnlncy lcsl prohibitcd.

73.

(l) An employer shall not request for pr€gnarcy test or a cenificate of such a test when female worter is applying for except where rcquired for work that is- €mploym€nt (a) of high risk to the health of a pregnant woman; or (b) prohibited or restricted for pregnant or nursing women by law.

Night work.

74.
(l) A female worker may be employed during the night in a workplace, as long as her safety, halth and security is guaranteed and not exposed to a dangerous working environmenl @) Unless with her consenq a female worker shall not be employed on nighl work durfug the period of I 0 weeks before and I 0 weeks after child binll or during such additionat period before or after childbirth in rcspect ofwhich a m€dical certificate is produced by her stating that an additional period is necessary for the heal6 of the mother or ofthe child and &e Employer shall where reasonably gacticable, provide a transfer to day work for such a female worker during the additional pcriod.
: Q) An employer shall not engage a pregna[t female worker or a molher ofa child ofless than 8 months old for overtime.

(4) A pr€giail female worker or mother may present a written complrint to the Commissioner agains an emplo;aer who coatravenes subsection (l).

No.

The Empkryment llct, 2022.


5l (5) -ih: Convnissioner shall investigare the cornplaint and his decisior cn dre mauer shall, subject to any otter law, be final- (6) llir l.{iflisrer rnay, after consultalioo with th€ Joint Clonsultarive Coiar,ritree, hy rcgulation, provide for exemptims from the applicatio,t (!fthis section in special circumstanc€s.

?5.

{t) ,.r:r emoloyer shall nor assign, whethe.


permanently Ptotcation or renipoizril-"-, :i pr..gnarir worker to a post outsid€ her place of ll**.n, residencc alier Litl trrrnpletion oftte 4th month ofpregnancy, ifthe e1 pi6gesql assignmerrt, in rhe .

:rpinion e'f a medical practitiofl€r or midwiG, is *orter.

dedmen(al to lr.r i€xlih.

(.1) The pregnant rvorker may pressnt a writt€n compliu{ to th: a^rr,rnissioner aBainst an employ'er who contravenes subse€tion ( I ].

(3) i'l!.
(3) i'l!.

{-lommissioner shal, investigate th€ complaint and his decision on t;.e nafier shall, sbject ia arty oth€r Under-grorrrd '/5 ,\ urriiler abrrle I 8 years nu:v. exept wl&re prohibitsd worli.

xn,Jer this Airt or srlr odEr law' b€ employed in or allowrd to be for rhe purprire ofemploynrent below ground fural.

laq b€ 76.

A wo,ker above 18 1'ears nuy, €xcept under thts Act o: any ottrer larv, be employed in of allowed to be drc tto't purpose of cmpl,:ym;nt bciorv gound.
lvhetc prohibited Uarlcrgror.

nd 77.

(l) F'rr the purpose ofthisAct.

a male worker is entilled Patcrnity to 2 *€eks pate:-,riry reave upon the birft ofhis child in accofdance lc!v€' with this Aci" arrr.

!

:ther enaclnrent.

contract or collcctivc agreeanent.

fl) 1 jpor lhe birth olhis child, a rnale work€r shall Eive to proco€d one week wriuer': ;iotict to his employer ofhis int€fidon on pat€mity le.r'e , No The Enployorc.nt Act, 2022.
(3) Ncu,idrswding subs€ctiors ( t ) and (2), a male uorker shall nol be cdidcd lo more than one patcmiy leave aer year (4) A malc worker m paernty leave shall be enthted lo frrll rcmuneration Sicli lcalc.

?& (l) An Emplorr shall grsnt a worker.

wFc is abxnt from rrork through siclatess, sick leave in accordfice witt this Acr, ary otls enactmert, contact or colleetive agreement.
€) For a rrorker to be entitlcd to sick leav€ undet subsoctim (l), he shall- (a) noti$ o; cause m be nuified, as scon as is reesonably praetiehle, his enipioyer of his absqrce ard thc reasrrn fo: it; and ft) produce a writtcn cenificaie signed by a registcred medicai practidoner or pt'rsonnsl ccrtifying $e wortert inc+aciry for rvork and duration of srrch incapaciry.
(3) An cmployer may raluire that dr certiiicatc refc-ned to in paragraph (b) of subsection (2) be oblained frem registered mcdical practitioner or pcrsmnel oomllatrrd by hinr, pr'ovided that in such a ease thc employer shall be responsible for any fees and transport costs payable in connection with the is';uing of the c€rtificate.

Rist rllow&cc.

PARTVIII.zuSK AI.ISWANCES AND F.ND CFSERVICE ENTTILEMEN]S 19.
(l) Ir rddition io any allouances prescribed in this Act or r collectivc agecrnent the following allowaac€s shall L'e, where applicable, payable to a \rorker- (a) stcan boiler watch keeping all,)wance: (b) night pa$ol dlowance; (c) hoal& or medical allorrance: The Employment Act, 2022 53 (d) cooking allowanc€; (e) cash handling allonnnce; (f) diving allowance; (g) relocation allowance; (h) travelling allowance; O night work allouance; O housing or rent allowance; (k) transport alloqrne; 0) out ofstation allowance; (m) firefightingallowance; (n) waste cou€clion allowance; and (o) acting allowance.
P) The Minister man in consultation with the Joint Consultative Comrnhtee, ty statutory instument, prcscribe Sardard allowances payable to *orkers for any of the allowances under ( I ), 8ny other enactn€nt, contract or mllective agrcement subs€.tion g)- (l) A worker who has served the same employer Scverancc continuously for a period of ooe ye or more and whose scr"L; !,r!||'Jd terminated for reasons other than gmss misca{duct, or a lrod(er $,ho b€rcfit.

retires.
dies, resigns, shall be entitled to severanc€ pay or end of service benefit in accordance with this Act, any otlrr cnacfilent, conFact or collective agt€ €menl (2) Subsection (l ) slnll not apply where a rvork€r is hirly dismissed wirh juslification for commicing a miscondrrt under subsectios (3) ofs€ction 9l during eoploymer[ G) Where a cofltsact of employme.nt is terminrfed by re.ason ofthe deadr ofthe worker, the severance pay or and ofscrvicc bene{it shall be paid to the surviving spous€ or children of thc deceased rvorter ot in the absence ofsuch a spouse or childnn, to zuch olher dependent, relative or guardian of a minor depedent rclaitive.
:4 NG The Enploynett Act, 2;i?2 (4) A complaint that selerance pay oi :rid of service benefit under subsection (3) has nol b€eB paiLi nrel ire presented lo the Commissioner rvho shall, if he finds the colr,F.iri:,t to b€ well founded, make a declaration to that elfecl anii oitcr i,alrrcnt ofthe amount due.

(5) On the deatll retircmeBt.

tenni!

:'aii,)'., resignatioa or redundancy of a worker, his end of senice beri:its shal!
be paid within a period of one montlL and an employer u llc lhils ln comply with this provision commiqs an offence and is liabl-' lc a fine of not I€6s ftan 24 months national minimum qrdge.

(6) An employer $tay be aliowed to inir!

:e a pe.rment plan to lhe Commissioner for the paynent ofend of sei-rit:e benefrts to his former wodier uithin a period ofone month specifird under subsection (5) and that no payment plan for end ofservice kaeiits shall exceed 2 instalmenb.
CI) An employer who fails to honour a p.ryrnent plan made liabla to a fine to the Commissioner, commits an offence and shalib€ ofnot l€ss than 24 monahs notional minimum uage.

Ernployet offer may bctter conditions of scrvic4.

Rcdu[danc].

El.
Rcdu[danc].

El.

Mthout prejudice to any provision in this Act, an employer may in consultation with a worker and his representative, where he has th€ ability to do so, offer bener terms and conditions than are pmvided for in this Act or a collective agregment or terms and conditions of employment or service.
8a (l) Wherre an employer contemplates lhe closisg down, merging or the introduction of changes in production, progfamme, organisation, slructure or technolo$l ofa workplace that are likely to result to redundancy ofemployment ofa wod<el he shall.
(a) provide in writing to the Commissioner and trade utrion, wher€ applicable, no larer than 3 months before the conte.rnplated changes, infomation irrcluding the reasons for r€levant termination, the number and categories of *o*en likely to be affected and the period .vithin r.vhich termination i: rn be caried out: and The Employnent Act, 2022.
55 (b) consult the trsde union or work€rs concemed on measurcs to be t8kqllo avert or minimise the number of uo*€rs to be terminated as well as m€a$[es to mitigate the adverse elfects of termination on the u,orkers, such as finding alternative employment.

(c) the principle of "last in, firsr ouf shall bc adopted in the discharge ofthe particular category of workas affeded, subject to all hctors ofrelative meri!
including sld[, ability and reliabiliy; (d) an emplo;ier shall use his b€st endeavours to negotiate redundancy payments to all discharged wor*ers; (e) in the case offorce majqlre or an emerg€ncy situation arising out of a nanrral disaster or outbreak of dis€ases that may have severe negative impacts on the employerk business and result to red[ction in work force or closure of the business, the employer slull not pay redundarry comp€nsatim hrt shall pay end of service benetit and othcr entitlemenb that may drle a worker; (f) this section shall not preclude ar employer to take cogtrisanc€ of provisiom prcscribed in a collecrive agreement or o&€f, bcsert€rms in rcspect of redundancy.
83.

(l) An employer shallbe entitled to impose a disciplinary Dirciplinuv penalty onty wten it ii reasonable to do so in the parlicular petr*i"' circumstances.

5 No.
The Employaent Act 2{)2 ) (2) The question of r+'hat discipiirr.,ry penahy is reasonable shall be decided by considering - (a) natur€ of&e negle{l; (b) failur€ or alleged fzilure ,';i the paB of a worlier; (c) the penatty imposrd by ih€ employer: (d) the proccdure follorved br the employer in imposing the penalty: (e) thc acfiral amount of ary danage incurred; (0 the pr€vious conduct ofthe rvorker: (g) the personal circurnstances ofthe worke4 O) lhe cifcumscarrces ofthe infringenrent: (i) the contents of the Code of Practice on Discipline as set out in the Schedule.
(3) An emplopr shall apply the reasoo tbr disciplinary a.tion or termination consistently wfth rhe *ay in which it has been applied to other worliers in the past, and consis(ently as bctween 2 or more workers who participete in the misconduct ultder consideration, (4) For purposes coueced wi& a worker's emplcymen!

an infringement ofdisciplinary rules should be disregarded after rhe in *,lrich the gorker has not cornmitted any firther ereiry ofone y€ar disciplimry breach.
(, A conplaidt thsr a discipliuary penalty is unreasomble or unjrstified may be gresented to rhe Commissioner.

No.

The tnploynent Aa, 2422.

I (6) '\i/here th€ Commissioncr finds that &e comphirt is well fourrded, he nny make any ofth€ followil4 ordcrs.

a replaced by anotlrer specifi€d {3} that thc originalpenai4r be rcr'oked; ('b) rhar thc original penalty bc revokcd and l6s€r pendty; (.
; drai the emploler pay to the wodratic nagcs which *'ould other*ise havc bcen due for rhe peiiod ofsuspedsion withorrt Foy; or (dl that the employer repays to &c wofk€r any rin-re or rnonea4,' ptnalty impoecd on thc wcrker.

(7) i,r5:ect ro paragraph {a) of subscction (6) wh8 I io tB nm*rrl rhe penalty has been reduccd, only the p€lialty h:s b.., i , .

\ (]ied.

no reference to it dtali app€ar personul rec,.

:r.i :.

:d rvlier€ lesser perialt]' ciiJll l.e noted in ihe wcrkcr's record.
(8i I;r': ri;iir of a rvorlier to make a complaint ord€r thh section sh..r!!

ir ,', irho'dt pre_lrdicr to any right th3t wod(er may cajory under a o)lleclii..r agr€e$eot.

i9i Slbj,irt to $bs€clion (6) the CommisioncrCull rr{cr &e mattet to t$e High Court ifthe employer fails o comply.

84. ii) .r, contra$ witltout refe,ence to limit oftime may bc ltoricc or lcnninrtion terminated b) ei{h<L parqT upon giving one nronfi notie or;ny one monlh basic salarf ili lieu ofnodce.
p) 'l h. n{riie refened m in subsectior (l) shall, exccpt '*hcrr girerr hr a i.d;r-iierate $?

*er, be given in witingand dull bc in a form an.i i;;rguage thar ft€ worl(cr tc txhom it rclatcs cro reasonably be cxp-.-cri'd t.-r urrderstand and the poriod of ndico shalt exclude the Jay cl which the notice is giver.
5E Nc Thc Employment Act, 2022 (3) An agreement to exclude the operation otrhis s€ction shall be ofno effect but nothirg in this se.tion shall pBvent- (a) thc parties to a con(Bct from ryering to a longer period ofnoticc oftermir:rion that is provided in this section; (b) an employer waiving the righ to receive notice on any occasion; (c) a worka from accepling payrn&T in lieu of notice in accordance with sectkn 85: (d) an employer from de.lining to gve noticc of termination where a wo{ker is guity ofserious misconducl, that is, miscondu't of such a nature that it rvould be unrosonable to require the employer to crntinue the employment during the notice period: (e) a wort(er from declining to gin norice of t€rmination vftore the ernpiol,er's ,onduct has made the continuation of the enployment relationship unreasonabie or intol rable; ald (0 either party from otherwise terrinating a conFact for lawful cause in accor,arrce widr this Act (4) An outstandiog period of annual leave $ which a rvorker is entitled on the temination of his enploynrent shll not be included in any pcriod of notice to u,hich he is errtitled ,eder this s€ction.
Prymcnt in liqt of noric& of tGfllrination 85.

(l) An employcr may pay a worker in lieu ol1:oviding mtice of termination and in suc,h a casc, the worker shall e paid a srm equal to tlre $ages and other accnled entitlementand the anployer shall conftr oo $e worter all such other ben,fits that would have been owing or due to lfte worker up to Lhe expiT ofany noticc of ermination.

No.

The Employment Acr, 2022.


I @) Where a worker terminates a contract without notice in circumstances in which notice is required and the eflployer has not waived fte right to notice, th€ worker shal I be entitled only to be paid such wages and other remuneration and to receive such other benefits as rvhere accrued due at the date of terminatio[ 86.
(l) Where an employer contemplates terminarion of not S:t:tl-","-- less than I0 workers over a period of noi more than 4 week for termrnetron reasons of an economic, technological, structural or force majeure, he shall- (a) consult the affected workers on measures to be taken and reason for termination; (b) provide the representatives, if any, ofthe union or unions to which a collective bargaining cenificate has been issued with relevant information.
in good time, including the reasons forthe termination contemplato4 the number and categories ofworkers likely to be affected and the period over which the terminations is to be czrried out; (c) give representatives an opportunity for taken to aver!
negotiation on measures to b€ minimise or mitigate the adverse effects of rhe terminations b€fore any terminalion is undenaken; (d) notiry the Commissioner in writing of the reasons for the terminations, the number and categories of workers likely to be affected and the period over which the termimtiotrs is intended to be carried out @) For the purposes of paragraph (a) of subse.tion ( I ), "good time" shall be a p€riod ofd leasi 4 week before the first of$e termimtions is to take effect, except where the employer can sho,{ that it is not reasonably practicable to comply with such a timekniL 60 n_o.
The Enploymen Acr, 2022 (3) A complaint may be ref€red to dle High Cout by the Cornmissioner that the employer has failcd to comply with this section.

(4) Where the High Coud finds that a complainr is well founded, it shall grant an appropriate remedy.

F.ir tcminstion of employmcnt 87.


(l) A termination ofa worker's employment is fair ifthe contract ofemployment is terminated by the employer on any ofthe following grounds- (a) that a worker is incompetent in relation to the work for wldch tbe worker is employed; (b) the proven gross misconduct ofa worker; (c) rcdundancy under section 82; (d) due to legal rcsEicticn imposed on a wor*er prohibiting the wo*er from performing the work for which he is employed.
@) In deciding whether an employer has shown that he acted in accordance with justice and equity and to establish a potentia[y fair reason for terminatioq rcgard shall be had to the following - (a) the pmvisions of the Code of Practice on Discipline ser out in the Schedule; (b) the procedures adopted by an employer in reaching the decision to terminate, communicating the decision to a worker, and dealing with an appeal against the decision; (c) the conduct and capabitity ofa worker up to the date of termination; (O rhe extent to which an employer has complied with any statutory requirement connected with the termination, including the issuing of a c€rtificate of service under section 67; No.
The Employment Act, 2022.

6t (e) the exbnr !o which an employer consisently applied the reason for termination to other workers in the past or as betwe€n 2 or more workln who participated in the misconduct or showed similar lack of capability to that under mnsideration.

88.
(l) For the avoidance ofdoubt the following r€asoos do urfair not constitute fair reasons for termination or for the imposition ofa t'fm disciplinary penalty- rnallon employment (a) (b) (c) (d) (e) (0 G) the fact that a worker toolq or proposed to take, leaye to which he was entitled under this Act, an agreement or a contracti a worker's refirsal or proposed refisal tojoin or withdraw from a trade union; a worker's initiation or proposed initiation of a c.mplaint or other legal proceedings against his employer, except where such conduct is, in the opinion of the Commissioner or High Court, wholly irresponsible and without foundation; a worker's providing information, giving evidence or complying with a lawful requirement in respect ofparagnph (h); a workcr's participation or proposed participation in a lawful strike or other industrial action; a worker's organisation or proposed organisation of a strike or other industrial actioq and that the worter has joind intends to join or to be a membcr ofa trade union or has ceas€d intends to take part in the activities ofa trade union; @ No.
The Employment AcL 2022 (h) that the worker seeks office as, or is acting or has acted in the capacity of a workers' representative; (D that the worker has filed a complaint or participated in prcceedings against the employer involving alleged violation ofthis Act or any other enactmentl O the worker's gendec race, colour, ethnicity, origiq religion, creed, social, political or economic sEtus; (k) in the case of a female worker, due to the pregnancy of the worker or the absence of the worter Aom work during maremity leave; (D in ttre case ofa rvorker rrith a disabilit-v, due to the worl(er's disabilify; (m) that fte worker is temporarily ill or injr[ed ald this is cenificd by a recognised medical practitioner or personnel; (n) that the worker does not possess 0re cuEent level ofqualihcation required in r€lation to the work for which the rvorker w,as employed which is different irom the level of qualification requircd at the commenc€ment of his employment; or (o) that the worker refused or indicated an intention to refus€ to do work normally done by a worker who at the time ivas taking part in a lar+tr I strike unless the rrork is nccessary to prevent actual danger to life, personal safety or health.
a (2) Notwithstandirg subsection (l), a worker's employment is dcemed to be uofrirly terminated ii- No.
The Employmen Act, 2022 63 (a) with or without notice to the employer, the workerterrninales the conu-art of anplol,nrent because - O of ill-reatment of the worker by the employer, having regard to the circumstances ofthe case; or CO the employer has failed to take action on repeated complainb of violenc€ or sexual harassment ofthe worter at the rvor\rlace, (b) the employer fails to prove that- @ the reason for the termina.tion is fair: or 6i) th- terminatiofl was made in accordance with a fair plocedure and in accordance with this Act.
89.

(l) ln a claim arising out oftemination itshall be for the Justificariotr emptoyer to prove the reasons forthe termination, and ifthe employer fot fails to do so there shall be a conclusive presumption th'r ;he lerminrlion' termination was unfair within the meaning ofsection E8.

@) The reason or reasons for termination are those rnafters which an employer at the time of termination genuinely belie\€d to exist and wtich caused him to terminate a worker.
Q) In deciding \a,hether an employer has provcn th€ reasons for the termination, the contens of a certificate of sewice referred to in section 64 informing the worker of the reasons for termination ofemployment shall be talien into accounl 90- (l) A worker who claims that his cmptoynrat has been l!

'di* r*f pr"r*I;;;;i;il;ii; iii#11i:, unfairly terminated by tr," Commissioner.
"rptoy"r @ Nc The Emptoymea Act, 2022 @) If upon invesigation ofa complaint, the Commissioner finds that the termination ofthe employmeot ofa worker is unfair, he may- (a) order the employer to re-instate the worker from the date of the termination of employment; (b) order the employer to re-employ the worlier, eilher in the rvork for ufiich the worker uas employed before the termination or in other rcasonably suitable worft on the same terms and conditions enjoyed by the rvorker before the ternination; or (c) consider the termination tc bc as act of redundancy; (d) order the employer to pay compensation of nct less than 24 months national minimum wage in addition to other entirlemcnrs to the ufl.der.
Summary dismissrl.

(3) Where an enployer &ils to con'ply with an order nrade by rhe Cornmissioner under subsection (2), the Commissioner may r€fer the matter to the High Court for arijudication.

91.
91.

(l) An emploler shall not surrmarily dismiss a worker either on fxed or open terms ofemplo)ment unless it is proven that fte worker has been guilty ofgross br€ach ofduty, gross misconduct or gross insubordination and where this has not be€n proven, the dismissed wor*er shalt be endtled to claim full remuneration.

@) A summarily disnrissed worlier shall not be entitled to end of service bencfit.
(3) The following conduct and violations shall be deemed to be gross br€aches of duty, gross misconduct or gross insubordination and may dispense the employer from pal,ment of end ofservice bcnefit for dismissal under this Act- NG The Employment Act, 2022- 65 (a) theft or wilful damage to the property ofthe employer; (b) wiltully endangering the healrh and safety ofthe employer, a fellow wor&er or a member ofthe public; (c) an unprovoked assault by a worker upon his fellow worker, the employeror his ageot; (d) commission ofa criminal offence against his employer or his employer's property; (e) being under the influence of alcohol or narcotics substance, proven by a satisfied nnedical praedtioner.
(4) Notwithstanding subsection (2), such maners shall not preclude a workcr from disputing rvhether the facts giving rise to the same, or B,he.ther any other conditions constirue justifiable or Iawflrl grounds for the dismissal.

PART IX - UNFAIR DISMISSAL 92- (l) An employer shatl not dismiss an employee unless, unfair having regard to all the circurnstances, tbere were substantial groutrds dis|'ksd justifo ing the dismissal.
(2) The dismissal ofan employe shall be deemed to bc an unfair if it resulrs wholly ormainly from - (a) an employee's membership or proposed membership ofa nzde union; O) an employee's engagement in activities o, behalf of a trade union or excepted bolY under a trade unioq where drc limes at *nich he engages in such activities are ougldc his hours of rvork or are times duriqg his hours of work in which he is permirrJ under his contract ofemploynent betnal him and his employer, so to engsge; 6 No.
The Employnent Acr, 2022 (c) an employee's religious or political opinion; (d) civil proceedings whether actual, threatened or proposed against the employer to which the employee is or will be a party or in which the employee was or is likely to be a witness; (e) criminal proceedings against the employer, whether actual, threatened or proposed, in to which the employee has made, r€lation propos€d or threatened to make a complaint or statement to the prosecuting authority or to any other authority connected with or involved in the prosecution of the proceedings or in which the employee was or is likely to be a witness; (f) an employee s race, colour, age or sexual orienlationl ($ an employee's pregnancy or matters connected therowith, unless the employee was, by reason of the pregnancy or matters mnnected therewith, unable to - (i) adequarcly do the work for which she was employ@ or (i) continue to do such work without contravention by her or her employer of a provision ofa statute or instrument made under statute; (g) an employer's refusal, at the time of the disrnissal, to offer an altemative emplo)meflt- @ where there was employment wirh her employer that was suitable for her and in relation to which ftere was a vacancJ, or No' The Enploynent Act, 2022.
6.1 (it on terms and conditions conesponding to thos.

of rhe erDployment to whkit $e dismissat relate{ so rs to efl.ble her to be retained in rlrc €mployrrc of her employer notwithstanding Pregnancy.
(h) dismissal ofan ernployee due to rodundancy where the circumstances constituting drc redundancy applied equally to one or more other arployecs in similar employrrnt widr the same employer who have not been dismisse4 and eit[er be(.use ttre selection ofthat employee for dismissal- O r€sulted rvholly or mainly from orc or morc oflhe matters that r.vould not be a ground jnstirying dismissal or (ii) is in confavention ofa procedure lhat has been agreed upoo by or on bchalf ofthe anployer and by the employee or a rade union representing him or has been estsblished by thc custom and praciic€ of the employmert conceroed, Elating to redundancy and ttcte w€r€ no spccial reasons justifying a depsrture from that procedure.
(3) The dismissal ofan employee shall not bc dremed to be an unfair dismissal, if it results yholly or rnaialy from one or more ofthe following - (a) ttr capabilig asscssed by rcfer€ooc to skill, aptitude, bcatth or any other pbysical or npntal quality compd€rre or qualilicatiots ofihc ernpbyec with rcftrarcc o any @rce diploma or other academic, tcchnical or professional qualificstion rclcwnt to the position which hc lpld and pcrtinent for performing wort of tlr kid which he was ernployed by tbc employer to do; 68 No, The Enployment Act, 20.1; O) the corduct of the employe<': Provided however, thal the employer shall ba obi;gated to show that it is fair to dismiss ttle employee; (c) the redundancy cf the emi.loyg6, and (d) the employee being xable to work or co inue !o work in L1e pcsition which he held without contravention.
b,v him or by his employer, ofa duty or rcstriction imposed by or uderany s6irte or instrurnent made under slatute, Rqrr€dies fo, unfrir disrnisssl.

93.
(l) Where an employee is dismissed and the dismissal is ar mfair dismissat fte unployee shall be entitled to redress coosisting of whitdrever oftle following the Commissioner or the High Court, as the case may be, considers appropriale haviag regard to all the circrrmsances - (a) rc-instatement by the enrployer of the enrployec, where the employee so elects,- (D in the position which he held immediately be fore his dismissal: (i) on fie terms and conditiolrs on which he wasanployed imrnedlately beforc his dismissal; and (iD together with a term rhat the re- instatsrent shallbe decnie.d to have coflnerlced on tlrc day of ih€ dismissal, or No The btploynent Act, 2022 @ (b) r€-engagement by the employer of the employ'ee ei&er in the positior which hc held immediately beio;e his disnissalor in a <iitrerent position which would be rcasm&ly suitable for him on such terms and conditions as are reasonable having regard to all ihe circumstances; or (c) paymcnt by thc employer to the cmployeo ofsuch compcnsation as shall be reasonable in respect ofany losses or darnagcs incun€d by him ard atEibu&ble to th€ dismisal as isjust and equiable having regard to all the circumstanccs including, actual loss and eslimated prospective loss pf income atributable o thc dismissal iind the value ofany loss or diminution, aflributable to thc dismissal *re righs of the employee, or in relation to superan-nuation.
(2) In determining the amount ofcompensatior payable undcr f-.amgraph (c) ofsubsection (l), regard shall b€ had to - (a) the €xtenq if any, to which the losses or damages referred to in thar subscaion nras amibutable to an acq omission or condrct by or on belralfofthe employeroron behalf olthe ernployec; {bli the measures, if any, adopted by the employ€e c( as th!.

casc may be, his failure to adopt measures, to mitigate the loss; and (c) the exrcn!
ifany, ofthe compliancc or frilrrc to comply by thc e*prloyer oreinplqoc widr ar1 proced,.re or code of praahe rclating disnri:sal; rc No The Enploynent Act, 2422.

Dct .minrrion of cl.ins for unfair dknisstl.

(d) the impaa of the unfair dismissal on the employce's csrcer pmgrcssion.

94.

(l)Aclaim for un&ir dismissal - (a) may bc bmught by the employer before - (i) the Commissioner, \rho shall make a reaonnnerdation; or G) the High Court which shall ntake a determinatior:, in relation to thc claim.
@) shall be initiatcd by notice in writing, cortaining such particulars, if any, as may rcasontbly ncatssary or as may be spcci fied in regulcions nradc under this Act, to @ 0r Commissiorer or rhe High Coun: and G) tlre cmployer, q'ithin 12 nunths of the dare of thc dismissal or srch other r€asonable period as shau be permi8€d by the Commissioner or .he High Coun without prejudice however to any limitatim pcriod applicable.

(4 The Commissiorrr shall not hear a claim for redress under rhis Act if - (.)
fu High Co.Et has made a determinarion in Elation to dE clainL or (b) a party conccmed notifres dre Commissiomr in vdt'tng dnt he objeB to fi€ claim b€ing heard by t[e Commissioner.

N<r The Employneru Act, 2022.

7l {:'r ,-1:i ernplo;,ee may, wh€rc a recommcn&tion of tlle Commissicrer ia re-latron tc a claim for redress under this Act is not can'ied out i1!
r\e emplot'er in accondance with iB tcms, bring &c claim ceio:'e rhr- high Corl.t by notice in writiog contahing sEh paraicri.lrs .r: ,a.r) le sascmble n€cessary to Crablc to compha and effectr:rt dercrnrination ofthe maner and th€ Rulca in forcc and appiicablc rr, ;'+.- ai.ur CouE in ma$ers of this more shall apply.

1.r) iire I t iglr Cour shall not h€ar a chim forrcdr€ss rn*r this Act.

ercr;:i t;'eay oi appeal from a reconunendation ofthe Commlssioie:.
- irii ii' the Commissioner has made a in relation to the clainL or rccomnl€rdation rir) a pafiy concemed, by notice in writing to ihe Commissione( udcr pragraph (b) of subsection (2), objecs to the claim bcing heard by the Comm issioner.

{5) P:oceedints under this sectioo beforc the Coruerissionei :i;rl!

be conducted otherwise than in pblic PART.;{.

PROITi-TION OF CH]LD I,^ABOUR 95.

(l) A <;hild uuder the age of 15 years shall not bc ciitd tsoor.

employed ro perlirnn *'ork in a *,orkplace.


(2) n (.hild urdcrlhe ryof l8 )ears shall lube €{opbytd to perfom: rrort rjnderground.

(3) e child below rhe age of 18 ycars shsll not bc empkrl rti on nieh: ri+rk or engaged for overtime \rorL (4) A, chilo under thc &96 of l8 y€aIs shrll nor wort or bc eIrplo)cd to pe.trrm airy work thd is likely ojeopordisc his hcalol ssfcfy, ph),sic"l, Ercntal, spiriural nroral or social dcwlopment, or o interfere qith his eriucatlon.
n Na The bnployment Act, 2022 (5) An employer shall not continue to enploy such child 8ftcr being notified in writing by the Commissioner that the employment or work is injurious to hcalth, dangerous or otherwise unsuitable.

(O An employer shall keep a register ofail chillren under the age of l8 years ernployed by him and ofthe dates oftheir birth.
(7) An employer shall keep, and make available to the indicating" in respect of children llho are Commissioncr, r€cords employed to uork underground, including the mines, quaries and odrer works for dre exracrion ofminerals frr:m drc ear*r, and who are under l8 years ofage- (a) the date ofbirfi, duly cdtified $'herever possiblei @) the dat at which thc child was employed or trcrked underground fcr the firsr time; (c) the nanrre of the child's <rcupation: and (d) a ccrtificate which attests fitness for emplo)mcnt but does ool contain medical dat,.. @ An eorployer shall make available upon requesL lists ofchildrcn who arc cmployed or \ork underground and rtro are I I pars ofagc containing thc information stipuladed in paragr.aphs (a) to (O of sub6cctims (7).
(9) Thc Minister shall, after consultation wirh the Joinr Consuttuivc Committ€c, by statutory imtrument, specif,- (a) further resfictions or conditions applicable to work which a child over th€ age of 15 y€ars and under the age of I8 )ra!s mty perfom; NI The Employment Act.
2022 n (b) a higher minimum age of employme than any of those specified in subsections (l), (2) or(3); and (c) the exclusion from the application of subse.rions ( I ), (2) or (3 ) to a limited category ofemploynrnt or work in respect ofwhich special and subsantial pmblerns arise.
(10) An arrangement or sclEme employed in a vortplace, the object or effect ofntr ich is to compel children mder the agc of I E years to wo* for in tlre inreresls ofan employer slull be deenred to (l) ofscctk n constitute forced labou, in coltravefltion ofsubse€lion 16.

(l l) Any person wfio emplop a child or has a child perform wort in brcach ofthis section or any regulation made under it shall be guilty ofan offence.
(12) In any court proceedings arising under this section" it shall be the dury ofhe defendant to pmve that he reasonably beliewd the penon not to be below tte permitted age.

96.

(l) The minimum age for the engagement of a chitd in Minimum Hf tnn' light work shall be 13 years.

@) Light *ork constitutes wo* which is not likcly to be hamful !o the health or development of the child and do€s not aff€ct lhe childs atterdame at s€hool or the capacity of tlle child to bcnefit from school wort.
97, (l) An employer in an industrial underraking slnll @ a Rcrkmtion register ofyoung persons €mployed by him and ofthe daes ofdEir otlsns births if known or of their apparent agl ii,rt.ir a""r of iirt n"; ,nffij" known, und.rltting.

Q) An industrial undertakfug is an udcraking otrcren one in c(xtrmcrce or agriculturr and includes - A No.

The fmployment Act, 2022 (a) mines, quarries and other v',orks for the extmction of minerals fronr thr earth: (b) undertakings in which artic!
(s are maBufactured, altered, cleaned, repaired finished.

adopted for ornam€nted, sale,broken up or Cennlished, or in rvhich materials are transformed includiog undertakings engaged in ship building,generation, transfcrmation or transmissio[ ofelectricity or motive power of.ny kind; (c) undertakings engagd in the tr8nsport of passengers or goods by road or rail including the handling of goods at dccks, q u a y s, wbarves, warehouses and airpom.
PARTXI - INTERNSHIP, VOLUNTEERINq APPRENTICESHIP AND EMPI.,OYIVIENT OF PERSONS WiIH DISABILITY working conditions for iatemS.

98.

(l) Intems who enter into an intemship service may b€ to wod( ar most 8 hours per day, 40 hours per weeli and rcquir€d may be required to wori( overtime ifhe consents to do so.

(2) Afl ernployer shall give stipends or allo*'ances 10 an intem.

w-I!1c ffiIt#.- 9.
w-I!1c ffiIt#.- 9.

(l) Volunteen rnay receive some fonn ofstipmd in kind, such 8s conditions for meal, transport o. cash to cover out ofpocket or living expenses ircuned in connection wih the voluntary worft.

(2) Whcre stiFnd is givan in cas[ it shall not be above the existing narional minimum uagc during the p€riod in which the urcrt vras urdertaken aod if stipend is given in cesh is e4ual to or higher than de existing national minimum wage, the wort cannot be consi&rcd as unpaid work - !
No The Enployment Act, 20??.

75 l(t0.

The rninimum age at which a child may csmmenc, an Minioum apprenric€shil, with a craGrnan is 14 years or aft;r complcrion of Sr$*oU basic educarion.

a loi The re:iponsibiikies ofacraftsman towards an apprcnticc Rlsros&Iid.r of cnirmm io .rot!nri:€.
under his care shali l}e tr, - (a) train and L'rstruct the apprentice in a trade to the best ofihe abiliry, skill and knowlcdgcof fie crafumafl and to the bcst ability of tlr or cause the apprenlioe to h appr€ntic€ trains, in a trade under the superviskm of the craflsmani (b) responsible for any harm caosed to theapprentice in the coursc ofhis raining (c) provide food for the appr€ntice unless o$envisc agr€ed; id) provide a safe and healthy crvirooned for '&e apprentice; (e) r€sponsiblc for the moral training of the apprurticc; and (0 act io th€ best inter€st of th€ apprenticc generally.
l@ (t) Th'e parenl guardian or relativc ofan apprarhc shrll Aep.qtlir'sliD ent rinto att apprenticestri!

agreement wirh dr craftsrnan undcr whose care the apprentice is placed.

rgrlcm'ol.

(2) An apprcoticeship agreemeat under subecaion (l), shall- 't6 No The E ploynent Aq 2422 (a) bc in accordanc€ with *le cuslom which to th3 spccific trade but shall not p€rtains include dre performance of an induction ccrennny which may conflict widr fie rights ofthe child.
O) contain such matl.ers as may be agreed bctween the parties and may include a provision rhat - O dte parent guardiaa or retative shall bcar the cos of protective clothilg and the basic tools fcr the rraining of the apprentic€i (i) the craftvnan is to provide shelter for the apprentice; and fri) the oafrsman is to give the' apprentice an allowance of not less lhan SfPa of the minimum daily wage for his daily SUstenance.
(c) bc in wrkhrg and shall contain provisions th* arc in the be* inrcrest oftl€ parri€s snd thc apprenticr; and (d) bc submiredto the CommisskNer forvetting ard afiestation (3) Whcrc cither parry to an apprenticeship agreemcnt coot-avcncs thc Lrms, the agreemeril shall inunediately lapse un hss there is a contrary intcntion in the agrcement.

Dutas of !pprcntica.

103.

An apprcntic€ shall diligently and farthfully obey end sene the craftsman to whom h€ is apprenticed and shall agree - I\io.
The Enployment Act, 2022.

77 (a) that he will not absenr himself from the apFenticcship without permissim; (b) to prevent deliberate darnage to the propeny ofthe craftsman; and (c) not to conc€al any damage to 0le pmPerty of lhc crrffsman.

104.

(l) The conditions for the rclease ofan apprentica upon RrhG.

of thecompletion ofhis training shallnot be exploitativiand shall bre in 'pFctrticc' accordance with the best interest of&e apprentice.
(2) A craftsman shall on completion of a period of issue 8 cefiiticate ofrelease to the apprcntice which apprentir€ship shall indicare that the apprentice has completed his raining.

(3) A craftsman who rcfuses to issue a c€rtificste of release under subsection (2), wi&ouju$ cause commits an ofrerrce and upon conviction, is liable to I fine not less 6 mor hs naaioml minimun uage.

105.
105.

(l) B€fore a person under the age of2l yean may be employed or perform wort underground or hazardous worlq h€ shall unde€o a medical examiration for fimess for work, including an X- ray of the tung medical examination which shall bc conducted annually until the Frson r€aches tlrc 8ge of2l years.

Medi.rl exrmimliol!

for tiEr6s fs *ort.


(2) The Minister shall require other persons secking employment in occupations at workplaces involving exposurc o specified hazards to undqBo medical examinario prbr o being engaged by an employer and at tegular interuah fiercaQcr.

(3) Where a medical examinat rn is rcquirod mdcr this it shall be carried out by a qualified tnedical praaitioucr ad s€ctios, certified by the Commissimer and no expense slull be involved for the person examined or his family.
78 N& The Enployment Acr, 2J22 Enplovnrcnt 106.

(l) A person wilh disabiliry may apply to teg enrploytnenr S*ffi,* ccntre for reiistration for etnploynrnt.

(2) Where a perscn with disabiiil,"- tras applied for rcgistratior at the cmploynent cenbe, he shall be is;usC a ce*ificate ofregistratioa in such form a-t may be specified t'y $e Commissioner.

Sprcitl inccnlivqs for cftploy:ncr!

of parsors with dilbbililv.

107.


Special incentive,s sball be provided to - (a) ar employer who enrploys ard provides special facilities for persons with disability: (b) e person with disability engaged in a busrness or etrter?rise.

in tte fonn of tax deduction vhich will be determineci by the Mlrister responsible for {inance and the National Reyeriue Authority, consistertvrkh &e Disabiliry Act, 20 I I .

P.rsons IOE.
P.rsons IOE.

Persons *ith disabii:ty in the public selvice shall be widt disrbiliry appointed on the sa.Te temls as persons without divbil!ry, irssp,E',tive [H" ointrether the,v are rllo,.

".ed to worli for fener hc,srs and shetl be ' classifisl in eccordance rvith their previous perioC cf qualiffing service for the p!

?oseJ of promotiorr and other public s€rvice awards.
l(D. A person, who suffers disahility after tle erxpic],ment, sholl not be terminated ifh is residual capacity for work is such that.he can bc found enrployable in lhe samc or some otirer correspanding job in lhe same *crkpl*e, but ifno such ccnvspondingjob can be fom( ttc emplo;,ment may bc terminated by notice.

I lO The length ofnotice oftenriuetion nquired to be giv*r in thc cs-<e ofa person \rith disabilig shall not be less than 2 mo hs.

Earploymcnt aot ao c985!

u0on dis.blenEat.


L.nglh of t!rmir.aiioo noticc for pcEons wilh dislbility.

Na The hnpl<ryme* Act, 2022.

B I I l. (l) A prerson rvilh disability in employment may be Tnnsfcr of transfened io to anotber job within the same wqtqiace if ru furr mL:tn job can be rega.ded in the light ofall rclevant cirqmscancls as a corr,,.spond ing job.
G) The rclevant circumstances in relation to a person wi$ disrbility includes- (a) the person's qualilications; (b) the person's physical condition; {c) the person's place ofresidence; and {d) whether the transfer may worsen the condilions in wtich &e pcrson €xtered drc employment.

11.2.

Where it is nctessary to train or re{rain a psson with TEitrioS fot disability ro oyercome any aspect of his disability in oder m cope rysi "-rge ffi.
* withthe pcr:on's employnrent, the employ"t nray i.riae o. at the cmplo!€/s expense the fiainirg or rctaining ofthat p€Isoo.

PARI XII .

M ISCELLANEOUS t i3.

(l) The Minister may, by *arutory instrument, make Rcndiim Regulations for giving effect to this Act.
(2) Notwithsmndi4 the gcnerak'ty ofsubcection (l), thc Miniser may make Regulations - (a) governing lhe employment of women, persons with disabiltty, appentices, iGrts and such othr catcgories ofpersons wtn in his opinion arc in need ofspocial proectkn under $e law; 1b) regulating private employment agencics operating in Sierra lrone, after corsulaticn witlt the Joint Consultative Committee.

80 No The Emplol,ment Act, 2q2) Criminal lirbility.

Pcnaltics.

I14.
Pcnaltics.

I14.

(l) Nothing in this Act or imposition ot' a disriplinary peratty for a breach ofthe diriplinary code in scordance rvith this Act shall exempt a person from being proceedsd against, eonvicted or poBish€d for a crimioal orf€nce- ll5.
(l) A person who cammils an offeoce in con[ayention liable to ofthis Act for which no penalty is expressly state'l shall b€ a fmc nd l€6s tlun 5 moIllhs national minimum rage and in the case ofa secord or s{bscquent offence against the same provisicn, the oftnder shall be subject to a firte ofn+t less than l0 mor*hs national minimurn rmge.

@) Where a person acts in contraventior, ofa p;ovision offtis Act not specifically designated as an offence.
the Comrnissioner may csution him in writing against repeating or continuing such behaviour and it having received such witten mming.

rhe person .

i (a) repeats the infringement.

he cornmits an o$ence and upon convicticn shall be liable toa fine ofnot less than 5 mon{rs national minimum rrtge; (b) commits a second or subsequent offence aSainst tt€ same provision, shall be subjecl to a fine ofnot less Olan l0 months national nrinimur rrage.

Rcp.rls.

I16.
Rcp.rls.

I16.

0) The following emclments are hereby iepealed- (a) Emploprs and Employed (Amendment)Act Cag..Zl2of 1962, O) The Regi$ratioo of Employees Acr 1947 Cap.213; (c) African l."aboues short title (Emplolment 8r S€a)Acr, 1937, Cap.

2 14' (d) The Reeuitment ofwolken l94l Cap.2l6| Ni.

Tle Enployment ,{ct, 2022, 8l i (e) The Employersand Employ€dA€t, t935,Cap ?t2i' (t) Section 8 (h) ofdre Chiefdom CouncilsAct Cap.6l.

{?)

Nonvithstarding subsection ( I ).

any rules r€gutratioo& orders, nciices.


prescription and other instruments or difectiv€s issued irder the iepsled Acts and in existencc immodiltaly beforc the commeocen:ei'lt of this Ac!

shall cominue in operatkrn util lheir expiralion or unril rireir express repeal or revocation or canoclhtiol.
(3) An investigation, prosecution and othcr lcgal procecding inititrled or commenced under th€ repcaled Acb and which have not b,ren rnncluded beforc the commencenrcnt of this At-t, shall b€ continueC and concluded Lr all respccs as if thar Act had not been repeaied.

r-I{EIruII (e) (ScctiooS3(2x0,e7(2) CODE OF PRACTICE ON DISCPLINE l, (l) An oiganisation.

insritution or business Di|ciplilrv establishnrent shati ha"e di:ciplinary rules.
that rnay vrry, in form rub' and c,ontext, ac.ordii.g to irs size ard nature.

(2) Disciplinary rules should be in writiog and bc expresse<i in a rnarner and in a languagc which Wortcrs may reasoo-rhiy be exper-itd r,D unde$tand.

They shorld bc made avrihbb to cvery lfbrker aad should bc permanently and promin€ntly displayr-d where the-r: cun be read by all Workers.
(3) Disciplirary niles should be nondiscriminsrory and applied irr espoctive ofre.-e, coioru; mtional exhrctionor crlnic aigitL social orlgin, religion.

crced or poliriczl opiniorL scrq rnrritrl str&s, family respcnsibil !tics, or disability.
p. No The Emplotnent Act, 2022 (4) No disciplimry penalty or terminalion or dismissal should be imposcd or a workcr for taking pan in drc formation of any union cr ltderalion, being a merrbcr of any uniorl taking Fn in fteir tawful activities, holding olfict in such union or Federation, taking port in the election, being elected or being a candida& or ac{ing in tlre capacity of such union or fed€ratio[, or exercising any right conferrcd or rccognizcd by thisAct, or assising any worker or reprcscnQtive to cxercise $rcl| righB.
(O l.Io disciplinary pcnalty or tcrminaion shouid be imposed on any r.vo*cr for organbing or ponicipating in any strikc that is la*fit.

\lhere a penalty or t rminatim is imposed in r€sp€ct ofa strike or ofier industiai action which is unlawfirl, the anplopr should act consisrently as benveen wo or more Workers who organise or participate in the srike or oher industrial acdon.
(O No disciplinary penalty slrculd b€ imposed on any worker who rcfires to do ay nort namally dooe by a worker or workers who are on a lawful sfitc, unl€ss srch rro* must be done to prcvent actual danger lo life, heal0t or Frsmal safcty.

@ Wherc drerc is a union recognized a-.


bargaining agent, tle employer should obseisc dre terms of any coll€ agreement relating to discipline or €tive tcrmindio{I, or, in thc ab,sence of such an agreement, should eonsult rvith the Commissioner of Labour or any autlrorised labour ofricer before imposing any disciplimry pcnalty or trrmination on a worter.
(t) Employds should keep records speci$irg the nature of any disciplimry offcnceg thc actions taken and the reasons t-or such actions, the lodgiry ofan appeal and any further developmcns.

(9) Disciplimry rules shanld clearly indicate- (a) the Workers to whom they apply; O) Se circumstanc€s in which the rules wiliapply; (c) lhe cont€nt of the rules; No.

The Employment Ad, 2022 a (d) the penalties for infringement ofthe rules, and the consequences of future infringemens of the rules.
(10) Disciplinary rules should inform worke6 of6eir rights rvhen accused of intingements and of tte pmcedures that will be followed in investigating and dcaling with complainB.
In paniculsr, they should ensure that a worker faced with disciplinary action is- \ (a) fully awarc of any clmplaiots made against him and of the nature and consequences of any proceedings taken against him; (b) fully aware of the form which ahe disciplinary proceedhgs will take, including the possibility ofappeals and the penalties which may be imposed if the allegations are found to be well founded; (c) given a reasonable length oftime in which to prcpare any representations he may wish to make in answer to the allegations, or in explanation of his behaviouc (d) given a reasonable opportunity to state his case, either penonally or dfough a \torkers' Committee representative, an ofticial ofthe recognised union or a fellow worker- L- (tl) In worlglaces where there are a number oflevels of supewision and management, disciplinary rules should make clear what level of management is authorised to initiate and implement particular disciplinary action or termination/dismissal.
2.

(l) Disciplinary procedures should be implemented Disciplin!,v without unnecessary &Iry as soon as the Employer has decided, @|m- after proper investigatiorL that they are waranled in the circumsances of the case.

u Nq.
u Nq.

The Employment Act, 2022 @) When a decision to implement a disciplinary procedure is taken, an Employer shoul4 at the first opportunity- (a) fuiform in writing, the worl€r of what is happening, in a form and a language which he can reasonably b€ experted to understand: Q) remind the worter ofhis righs to prepare and state his case and appeal against any decision.

(3) For a firsr infringement (for example late anival for wor*.

tmar.rdnrised absenc!


ftom wo* or frilure to apply himself properly to his duties), a worker agains whom it is rlecided to take disciplinary actions should receive a written warning after a wri:rten query- (4) Vr'here a decision to terminate is taken, such terminuion should generally be with notice or Wages in lieu of notice.

Termination without notice should be reserved only for gmss misconduct.

No The Employment Acr, 2022.


85 MEMORANDUM OFOB.IECTSAND REASONS The purpose ofthis Bitl is to consolidate and improve the law relating to labodr and efiploymenq to provide for fte promotion of€qual opportunrg and elimiotion oftliscrimination in employment and occupaiion and to provide for other rclated mallers.

The Bill is divided into ll parts- Pert I - makes provision for the interprctation aod definitioo ofwords us€d throughout the Bill, the application and non-application ofthe Bill.
Part lI - deals with the adminisration and jurisdiction ofthe ofncs ofthe Commissioner of Labour.

Part [I - provides guarantees for dre freedom ofassociation ofemploycrs and workers.

Part lV - makes provision for the basic employment obligatiuns includirg notification of business activities and registration of wolkprrc€.

PartV- provides for employment centres and basic recruirn€o, proccsscs.

Part Vl - deals with conract ofemployme and other teI'?6 tnd conditions ofservice.
Part VII - deals with leave entitlemenB and m,Enity Pmtection.

Psrt VItr - deals with matters relating to ria allowanccs and severance of e mplol.menl & Prrr D( - Psrt X- deals with matters relating to unfair dismissal makes pmvision for fte protection ofchild labour.

Prrt XI - deals widr intemship, volunteering apprenticeship and employment of persons with disability.
Prrt Xtr- contains miscellaneous provisions including the power to make rcgulations, criminal Iiability, imposition of p€nalties and repeals.

MADE ftis day of 2022 Alpha Osrnan Timbo Minister of Labour ond Social Security FREETOWN, SIERRAT.EONE PRrrrE ^ND PuBuslGD av rrc Goverrvxnrr Prorrngc DsarrMENr, SEIA LEolrE.

C/zErrE No.71o?

l3rr Ocroare, 2022.